State v. Ririe

Associate Chief Justice LEE,

opinion of the Court:

1 In this case we are asked to interpret the terms of Utah Code section 76-1-403, which adopts a principle of criminal claim preclusion for certain offenses arising out of a "single criminal episode." The preclusive effect of section 408 is invoked where a "defendant has been prosecuted for one or more offenses arising out of a single criminal episode," "the subsequent prosecution is for an offense that was or should have been tried under Subsection 76-1-402(2)," and the "former prosecution" resulted in an acquittal or conviction or was…