18-1-304. Former prosecution not a bar.
86 words·~1 min read·
/co/title-18-criminal-code/article-1-provisions-applicable-to/18-1-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:
(a)Was before a court that lacked jurisdiction over the defendant or the offense; or
(b)Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or
(c)Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.