76-1-405 - Subsequent prosecution not barred -- Circumstances. - Utah Statutes

76-1-405. Subsequent prosecution not barred -- Circumstances.
A subsequent prosecution for an offense shall not be barred under the followingcircumstances:
(1) The former prosecution was procured by the defendant without the knowledge of theprosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentencethat might otherwise be imposed; or
(2) The former prosecution resulted in a judgment of guilt held invalid in a subsequentproceeding on writ of habeas corpus, coram nobis, or similar collateral attack.

Enacted by Chapter 196, 1973 General Session