39-6-55 - Specification dismissal -- No finding of not guilty -- Procedure.
39-6-55. Specification dismissal -- No finding of not guilty -- Procedure.
(1) If a specification before a military court has been dismissed on motion and the rulingdoes not amount to a finding of not guilty, the convening authority may return the record to thecourt for reconsideration of the ruling and any further appropriate action.
(2) If there is an apparent error or omission in the record or the record shows improper orinconsistent action by a court martial regarding a finding or sentence, that may be rectifiedwithout material prejudice to the substantial rights of the accused, the convening authority mayreturn the record to the court for appropriate action. However, the record may not be returnedfor:
(a) reconsideration of a finding of not guilty of any specification, or a ruling whichamounts to a finding of not guilty;
(b) reconsideration of a finding of not guilty of any charge unless the record shows afinding of guilty under a specification laid under that charge, which sufficiently alleges a violationof a provision of this chapter; or
(c) increasing the severity of the sentence.
Amended by Chapter 15, 1989 General Session