Utah statute
Utah Code Ann. § 76-3-405 — Limitation on sentence where conviction or prior sentence set aside.
Current through 2026 General Session
Part of Part 4: Limitations and Special Provisions on Sentences, Utah Code.
Full text of Utah Code Ann. § 76-3-405
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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: (2)(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 (2)(b) a defendant enters into a plea agreement with the prosecution and later successfully moves to invalidate the defendant's 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.
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