26 is based on Model Penal Code § 1.09. It deals with those situations in which a former trial or proceeding prior

to trial is barred due to a subsequent prosecution for a different offense, whether a violation of a different statute or a different violation of the same statute. There are five general situations in which a prosecution for a “different offense” may be barred by a previous trial or proceeding prior to trial. The situation in which this bar operates are clearly set out in the two Sections.