39A-5-230. Rehearing ordered by convening authority -- Grounds -- Procedure.
174 words·~1 min read·
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Effective 5/4/2022
39A-5-230. Rehearing ordered by convening authority -- Grounds -- Procedure.
(a)If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval.
(b)If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.
(a)Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case.
(b)At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court.
(3)A sentence imposed may not exceed or be more severe than the original sentence, unless based on a finding of guilty regarding an offense not considered on the merits in the original proceedings.
Renumbered and Amended by Chapter 373 , 2022 General Session