State v. Beltran-Perez
State v. Beltran-Perez, 2026 UT App 36 (Harris, J.)
Criminal Law
The Utah Court of Appeals held:
- The district court did not err in denying Defendant’s motion to dismiss because Defendant’s statutory right to be free from double jeopardy was not violated.
- Practice tip: To trigger double jeopardy protections, a “termination of a prosecution,” one of two conditions must be met: (1) the former prosecution was improperly terminated or (2) the former prosecution was terminated by a final order or judgment for the defendant that has not been reversed, set aside, vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution. Utah Code § 76-1-403(1)(b).
- Practice tip: An “improper termination of prosecution” comes after a jury has been impaneled and sworn, or, if the jury trial is waived, after the first witness is sworn.