A prosecution is not barred:
1. By a former prosecution before a court which lacked jurisdiction over the defendant or the offense.
2. By a former prosecution procured by the defendant without the knowledge of a prosecuting officer authorized to commence a prosecution for the maximum offense which might have been charged on the facts known to the defendant, and with the purpose of avoiding the sentence which otherwise might be imposed.
3. If subsequent proceedings resulted in the invalidation, setting aside, reversal or vacating of the conviction, unless the defendant was adjudged not guilty; but in no case where a conviction for a lesser included crime has been invalidated, set aside, reversed or vacated shall the defendant be subsequently prosecuted for a higher degree of the crime for which the defendant was originally convicted. [C79, 81, §816.3] 86 Acts, ch 1237, §45 \n
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1982–2021 · leading case:
State v. Boggs, 741 N.W.2d 492 (Iowa 2007).
State v. Boggs, 741 N.W.2d 492 (Iowa 2007).
· cites it 21× “Thus, the statutory exception does not define any greater rights than those currently derived from our federal and state constitutions.”
State v. Iowa Dist. Court for Winneshiek Cnty., 464 N.W.2d 233 (Iowa 1990).
· cites it 2× “2d 353, 363 (Iowa 1976) and Iowa Code section 816.3(3) (1989), defendant argues that by accepting his plea of guilty to the lesser-included offense of possession with intent to deliver, a charge not set forth in the trial information, the court is now barred from any further…”
State Of Iowa Vs. David Michael Boggs (Iowa 2007).
· cites it 19× “Instead, it reiterates existing constitutionally based rules. The qualification to the exception enunciated in section 816.”
State of Iowa v. Undray Jermaine Reed (Iowa Ct. App. 2021).
· cites it 2× “Reed asserts the Double Jeopardy Clauses of the Fifth Amendment of the United States Constitution and article I, section 12 of the Iowa Constitution, along with Iowa Code section 816.3, bar the prosecution of felony eluding where his prior conviction for the lesser-included…”
— Iowa Code § 816.3(3) — 3 cases
State v. Boggs, 741 N.W.2d 492 (Iowa 2007).
“Thus, the statutory exception does not define any greater rights than those currently derived from our federal and state constitutions.”
State v. Iowa Dist. Court for Winneshiek Cnty., 464 N.W.2d 233 (Iowa 1990).
“2d 353, 363 (Iowa 1976) and Iowa Code section 816.3(3) (1989), defendant argues that by accepting his plea of guilty to the lesser-included offense of possession with intent to deliver, a charge not set forth in the trial information, the court is now barred from any further…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.