Section 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.
  • (b) If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.

• (2)
  • (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