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State v. Robertson 2017 UT 27 (May 15, 2017)

May 15, 2017

Overruling a prior interpretation of Utah Code section 76-1-404, the court formally abandoned the “dual sovereignty doctrine,” which had permitted subsequent criminal prosecutions by different sovereigns for the same offense.  In doing so, the court determined that the Blockburger-Sosa test was the appropriate standard for determining whether section 76-1-404 operated as a bar to subsequent prosecution.  The court then held that 76-1-404 barred a state prosecution for sexual exploitation of a minor where the federal government had already convicted the defendant based on the same offense and same conduct.