Section 232 – Military court sentence — Execution by convening authority.
Effective 5/4/2022 39A-5-232. Military court sentence — Execution by convening authority. (1) Except under Sections 39A-5-306 and 39A-5-231, a military court sentence may be ordered executed by the convening authority when approved, unless suspended or deferred. (2) The convening authority has discretion to approve the sentence or a part or commuted form of the sentence. […]
Section 223 – Vote necessary for conviction or other questions — Tie votes.
Effective 5/4/2022 39A-5-223. Vote necessary for conviction or other questions — Tie votes. (1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken. (2) All other questions decided by the members of a military court are […]
Section 224 – Findings — Background check prior to sentencing.
Effective 5/4/2022 39A-5-224. Findings — Background check prior to sentencing. (1) A court shall announce its findings and sentence to the parties as soon as determined. (2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appropriate sentence. Renumbered and Amended by Chapter 373, […]
Section 225 – Finding or sentence — Error — Review.
Effective 5/4/2022 39A-5-225. Finding or sentence — Error — Review. (1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) A reviewing authority with the power to approve or affirm a […]
Section 226 – Military court records.
Effective 5/4/2022 39A-5-226. Military court records. (1) (a) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge. (b) (i) If the record cannot be authenticated by the military judge due to death, disability, or absence, […]
Section 227 – Trial record forwarded to convening authority.
Effective 5/4/2022 39A-5-227. Trial record forwarded to convening authority. After a trial by a military court, the record shall be forwarded to the convening authority, as the reviewing authority. Action on the record may be taken by the convening authority, a commissioned officer commanding at that time, a successor in command, or by the governor. […]
Section 228 – Convening authority refers record to SJA — Opinion.
Effective 5/4/2022 39A-5-228. Convening authority refers record to SJA — Opinion. The convening authority shall refer the record of each military court to the SJA, who shall submit a written opinion to the convening authority. If the final action of the court is an acquittal of all charges and specifications, the opinion is limited to […]
Section 229 – Specification dismissal — No finding of not guilty — Procedure.
Effective 5/4/2022 39A-5-229. Specification dismissal — No finding of not guilty — Procedure. (1) If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any […]
Section 230 – Rehearing ordered by convening authority — Grounds — Procedure.
Effective 5/4/2022 39A-5-230. Rehearing ordered by convening authority — Grounds — Procedure. (1) (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. […]
Section 215 – Military court — Continuance.
Effective 5/4/2022 39A-5-215. Military court — Continuance. The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just. Renumbered and Amended by Chapter 373, 2022 General Session