Former prosecution not a bar.

  1. Law
  2. Colorado Revised Statutes
  3. Criminal Code
  4. Provisions Applicable to Offenses Generally
  5. Former prosecution not a bar.

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(1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:

  1. Was before a court that lacked jurisdiction over the defendant or the offense; or

  2. Was procured by the defendant without the knowledge of the appropriate prosecutingofficial and with the intent to avoid the sentence that otherwise might be imposed; or

  3. Resulted in a judgment of conviction that was set aside, reversed, or vacated uponappeal or in any other subsequent judicial proceeding.

Source: L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-404.


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