Utah § 76-3-405 - Limitation on sentence where conviction or prior sentence set aside.

Full text of Utah Utah Code § 76-3-405 — Limitation on sentence where conviction or prior sentence set aside., with citation guidance and answers to common questions.

§ 76-3-405. Limitation on sentence where conviction or prior sentence set aside.

Effective 5/7/2025
76-3-405.  Limitation on sentence where conviction or prior sentence set aside.
(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:
(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
(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.


Amended by Chapter 302, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-3-405

What does Utah Code § 76-3-405 cover?

Section 76-3-405 ("Limitation on sentence where conviction or prior sentence set aside.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 76-3-405?

A common citation format is "Utah Code § 76-3-405" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 76-3-405 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.