C.R.S. § 18-1-304

(1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303 , if the former prosecution: (a) Was before a court that lacked jurisdiction over the defendant or the offense; or (b) Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or (c) Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.