A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 — 5-1-114 under any of the following circumstances:
(1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;
(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or
(3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 5-1-103. Applicability to offenses generally
§ 5-1-104. Territorial applicability
§ 5-1-105. Offenses — Court authority not limited
§ 5-1-109. Statute of limitations
§ 5-1-110. Conduct constituting more than one offense — Prosecution
§ 5-1-111. Burden of proof — Defenses and affirmative defenses — Presumption
§ 5-1-112. Affirmative defense — Former prosecution for same offense
§ 5-1-113. Affirmative defense — Former prosecution for different offense
§ 5-1-114. Affirmative defense — Former prosecution in another jurisdiction
§ 5-1-115. Former prosecutions that are not affirmative defenses