39A-5-235. Second trial on an offense prohibited.
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Effective 5/4/2022
39A-5-235. Second trial on an offense prohibited.
(1)An individual may not, without the individual's written consent, be brought to trial a second time in any military or civilian court of the state for the same offense.
(2)A proceeding in which an accused has been found guilty by a military court upon any charge or specification, is not a trial under this section until the finding of guilty has become final and the review of the case has been completed.
(3)A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial under this section.
Renumbered and Amended by Chapter 373 , 2022 General Session