33-10-191. Matters considered at proceeding in revision.
134 words·~1 min read·
/sd/title-33/chapter-33-10/33-10-191A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:
(1)Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2)Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(3)Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.