(1) The defendant is acquitted by a verdict of the jury upon the merits;
(2) The prosecution is dismissed, or a nolle prosequi entered by the state;
(3) The action has abated by the death of the defendant;
(4) The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or
(5) The defendant has been convicted, but the execution issued upon the judgment has been returned “nulla bona” or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction.
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