2017 Colorado Revised Statutes
Title 18 - Criminal Code
Article 1 - Provisions Applicable to Offenses Generally
Part 3 - When Prosecution Barred by Former Proceedings
§ 18-1-304. Former prosecution not a bar

(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.

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