There is a newer version
of
this Section
2021 Utah Code
Title 76 - Utah Criminal Code
Chapter 3 - Punishments
Part 4 - Limitations and Special Provisions on Sentences
Section 405 - Limitation on sentence where conviction or prior sentence set aside.
Universal Citation:
UT Code § 76-3-405 (2021)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
76-3-405. Limitation on sentence where conviction or prior sentence set aside.
Amended by Chapter 291, 1997 General Session
- (1) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence less the portion of the prior sentence previously satisfied.
- (2) This section does not apply when:
- (a) the increased sentence is based on facts which were not known to the court at the time of the original sentence, and the court affirmatively places on the record the facts which provide the basis for the increased sentence; or
- (b) a defendant enters into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, in which case the defendant and the prosecution stand in the same position as though the plea bargain, conviction, and sentence had never occurred.
Amended by Chapter 291, 1997 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
