David Chris Robertson

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Charge:	Sexual exploitation of a minor
Sentence:	1 to 15 years
Years Imprisoned:	4.58
Year Crime:	2009
Year Convicted:	2012
Year Cleared:	2017
U.S. State or Country of Crime:	Utah
County or Region of Crime:	Salt Lake
City of Crime:	Salt Lake City
Result:	Judicially Exonerated
Summary of Case:	"David Chris Robertson aka D. Chris Robertson, was wrongly convicted on August 15, 2012 of sexual exploitation of a minor in Salt Lake City, Utah in 2009. Robertson was the owner of a heating and air conditioning company in Salt Lake City. His prosecution was based on an employee seeing him watching on his computer what was thought to be child pornography, and in March 2009 the employee reported it to the police. Robertson was indicted in September 2009 by a federal grand jury of one count of child pornography. Robertson pled guilty in 2010, and in January 2011 was sentenced to time served of two days in jail, five years of supervised release, $75,000 in restitution to be paid to two "victims," and forfeiture of a significant amount of personal property. In March 2011 the Salt Lake County District Attorney's Office filed sexual exploitation of a minor charges against Robertson based on the same evidence that his federal convictions were based on. The trial judge denied Robert's motion to dismiss the charges based on double jeopardy. Robertson waived his right to a jury trial, and after his conviction he was sentenced on October 15, 2012 to one to 15 years in prison. He was taken into custody immediately to begin serving his sentence. In 2015 the Utah Court of Appeals affirmed his conviction, ruling that it wasn't double jeopardy for him to be convicted of a crime in Utah that was based on the same facts as a federal conviction. The Utah Supreme Court accepted discretionary review of Robertson's case. On May 15, 2017 the Utah Supreme Court reversed Robertson's conviction on the basis his state prosecution was barred by double jeopardy because his state conviction was based on the same evidence as his federal conviction, and the state had to prove the same essential elements that had to be proved for his federal conviction. The Court stated that Utah state law expressly rejects the "dual sovereignty doctrine," that allows a person to be prosecuted in state court for the same charges that he or she was convicted of in another jurisdiction -- such as another state or federal court."
Conviction Caused By:
Innocence Proved By:	"On May 15, 2017 the Utah Supreme Court reversed Robertson's conviction on the basis his state prosecution was barred by double jeopardy because his state conviction was based on the same evidence as his federal conviction, and the state had to prove the same essential elements that had to be proved for his federal conviction. The Court stated that Utah state law expressly rejects the "dual sovereignty doctrine," that allows a person to be prosecuted in state court for the same charges that he or she was convicted of in another jurisdiction -- such as another state or federal court."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	61
Age When Released:	66
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"State v. Robertson, Case No. 20140268 (Utah Supreme Court, May 15, 2017) (Reversing convictions based on double jeopardy because Robertson had been prosecuted for the same charges in federal court.)"
Information Location 1:	https://www.utcourts.gov/opinions/supopin/State%20v.%20Robertson20170515.pdf
Information Source 2:	"Utah Supreme Court overturns child porn conviction because of previous prosecution, By Pamela Manson (Staff), The Salt Lake Tribune, May 16 2017"
Information Location 2:	http://www.sltrib.com/news/5297727-155/utah-supreme-court-overturns-child-porn
Information Source 3:	"Salt Lake City businessman sentenced to prison on child porn charges, By Jared Page, Deseret News, Oct. 17, 2012"
Information Location 3:	http://www.deseretnews.com/article/865564725/Salt-Lake-City-businessman-sentenced-to-prison-on-child-porn-charges.html?pg=all
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David Chris Robertson

Charge:

Sexual exploitation of a minor

Sentence:

1 to 15 years

Years Imprisoned:

4.58

Year Crime:

2009

Year Convicted:

2012

Year Cleared:

2017

U.S. State or Country of Crime:

Utah

County or Region of Crime:

Salt Lake

City of Crime:

Salt Lake City

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

61

Age When Released:

66

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Robertson, Case No. 20140268 (Utah Supreme Court, May 15, 2017) (Reversing convictions based on double jeopardy because Robertson had been prosecuted for the same charges in federal court.)"

Information Location 1:

https://www.utcourts.gov/opinions/supopin/State%20v.%20Robertson20170515.pdf

Information Source 2:

"Utah Supreme Court overturns child porn conviction because of previous prosecution, By Pamela Manson (Staff), The Salt Lake Tribune, May 16 2017"

Information Location 2:

http://www.sltrib.com/news/5297727-155/utah-supreme-court-overturns-child-porn

Information Source 3:

"Salt Lake City businessman sentenced to prison on child porn charges, By Jared Page, Deseret News, Oct. 17, 2012"

Information Location 3:

http://www.deseretnews.com/article/865564725/Salt-Lake-City-businessman-sentenced-to-prison-on-child-porn-charges.html?pg=all

Information Source 4:

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