A prosecution is not a bar within the meaning of §§ 1.24, 1.26 and 1.28 under either of the following circumstances: (a) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or (b) The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by Subsection (a) of § 1.24 shall apply. (c) The former prosecution resulted in a plea of guilty or nolo contendere which was held invalid in an appeal under 8 GCA § 130.15(e) and the defendant may be retried as if the former plea had not been entered.
SOURCE: M.P.C. § 1.11(1), (3); Mass. ch. 263, § 14(a); *N.J. § 2C:1-11(a), (c). Subsection (c) added by P.L. 15-094:4 (Jan. 17, 1980). CROSS-REFERENCES: § 1.24, 1.26 and 1.28 of this Title. Comment to repeal 8 GCA § 65.17; and 8 GCA § 130.20(a)(6). COMMENT: § 1.30 is based upon Model Penal Code § 1.11 as modified by the New Jersey Commission. This Section sets forth the two situations when a prosecution is not a bar to a subsequent prosecution within the meaning of §§ 1.24 through 1.28 of this Code. First, no bar exists if the court before which the prior proceeding was held lacks jurisdiction over the defendant or the offense. Secondly, no bar exists where the former prosecution resulted in a judgment of conviction which was later held invalid. However, the same limitation upon a reprosecution found in § 1.24(A) stating conviction of a lesser included offense is an acquittal of the greater offense, although the conviction is subsequently set aside, applies here. Subsection (c) was added as a part of a comprehensive change to the means by which certain motions, particularly motions to suppress evidence under 8 GCA § 65.15, could be appealed by the Government. This comprehensive set of amendments, enacted by P.L. 15-094, included Subsection (c) as a compromise so that, instead of allowing defendants to appeal the suppression motion when it went against them, this Subsection would allow such defendants to plead guilty to an offense and, if the plea was based upon a denial of a motion to suppress certain critical evidence, then the defendant could appeal that decision (8 GCA § 130.15(e)) and the Government could refile the case if the appeal was found in favor of the defendant. This Section permits refiling under such circumstances.