In McNair v. Hayward, 666 P.2d 321, 323 (Utah 1983), the prosecutor allowed the jury to commence its deliberations on the basis of sworn testimony that the prosecutor knew to be false. See McNair, 666 P.2d at 326. The court held that because a conviction would have been reversed on appeal for insufficient evidence, retrying the case would place the defendant in double jeopardy; it therefore ordered the defendant discharged from custody. See id. at 327.