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29B.63 - RECONSIDERATION AND REVISION.

        29B.63  RECONSIDERATION AND REVISION.
         1.  If a specification before a court-martial 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 further appropriate action.
         2.  Where there is an apparent error or omission in the record or
      where the record shows improper or inconsistent action by a
      court-martial with respect to a finding or sentence which can be
      rectified without material prejudice to the substantial rights of the
      accused, the convening authority may return the record to the court
      for appropriate action.  In no case, however, may the record be
      returned:
         a.  For reconsideration of a finding of not guilty, or a
      ruling which amounts to a finding of not guilty;
         b.  For reconsideration of a finding of not guilty of any
      charge, unless the record shows a finding of guilty under a
      specification laid under that charge, which sufficiently alleges a
      violation of some section of this code; or
         c.  For increasing the severity of the sentence unless the
      sentence prescribed for the offense is mandatory.  

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 29B.63] 

         Section History: Recent Form

         2008 Acts, ch 1032, § 201