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5-1-113. Affirmative defense — Former prosecution for different offense.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-1-113. Affirmative defense — Former prosecution for different offense.
A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:
(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:
(A) Any offense of which the defendant could have been convicted in the first prosecution; or
(B) An offense based on the same conduct, unless:
(i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or
(ii) The second offense was not consummated when the former trial began;
(2) The former prosecution was terminated by an acquittal or 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 that must be established for conviction of the second offense; or
(3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-1-113
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a7a10b5bf1068bd87ab150998d7c3998464ff02a554ba904ee32091e2e83dbf4
Source location: content.xml paragraph 887
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5-1-113. Affirmative defense — Former prosecution for different offense.
A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:
(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:
(A) Any offense of which the defendant could have been convicted in the first prosecution; or
(B) An offense based on the same conduct, unless:
(i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or
(ii) The second offense was not consummated when the former trial began;
(2) The former prosecution was terminated by an acquittal or 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 that must be established for conviction of the second offense; or
(3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-1-112. Affirmative defense — Former prosecution for same offense.
A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:
(1)(A) The former prosecution resulted in an acquittal.
(B)(i) There is an acquittal if the former prosecution resulted in a determination of not guilty.
(ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;
(2)(A) The former prosecution resulted in a conviction.
(B) There is a conviction if the former prosecution resulted in a:
(i) Judgment of conviction that has not been reversed or vacated;
(ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or
(iii) Plea of guilty or nolo contendere accepted by the court; or
(3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-1-112. This identifies an authority to review, not proof of applicability.