{"data":{"id":"us-co/c.r.s.-18-1-301","jurisdiction":"us-co","citation":"C.R.S. § 18-1-301","heading":"Second trial barred by former prosecution for same offense.","body":"(1) If a prosecution is for a violation of the same provision of law and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:\n\n(a) The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense even though the conviction is subsequently set aside.\n\n(b) The former prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated, and that necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.\n\n(c) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction that has not been reversed or vacated, a verdict of guilty that has not been set aside and that is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two instances, failure to enter judgment must be for a reason other than a motion of the defendant.\n\n(d) The former prosecution was improperly terminated. Except as otherwise provided in subsection (2) of this section, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the jury is sworn if the case is tried by a jury or after the first prosecution witness is sworn if trial is by court following waiver of jury trial.\n\n(2) Termination is not improper under any of the following circumstances:\n\n(a) The defendant consents to the termination or waives his right to object to the termination. The defendant is deemed to have waived all objections to a termination of the trial unless his objections to the order of termination are made of record at the time of the entry thereof.\n\n(b) The trial court finds that:\n\n(I) The termination is necessary because it is physically impossible to proceed with the trial in conformity with the law; or\n\n(II) There is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law; or\n\n(III) Prejudicial conduct has occurred in or outside the courtroom making it unjust either to the defendant or to the state to proceed with the trial; or\n\n(IV) The jury is unable to agree upon a verdict; or\n\n(V) False statements of a juror on voir dire prevent a fair trial.","path":["Title 18 - CRIMINAL CODE","Article 1 - Provisions Applicable to Offenses Generally","Part 3 - WHEN PROSECUTION BARRED BY FORMER PROCEEDINGS"],"source_url":"https://olls.info/crs/crs2026-title-18.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"6eeb766c642c8f885af67d1179ff69eada5e0c636b7d8642fc696be4cb57a0fb","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-18-1-202","next":"us-co/c.r.s.-18-1-302"},"notice":"GroundRules: Original legal text. Not legal advice."}