39-6-56 - Rehearing ordered by convening authority -- Grounds -- Procedure.
39-6-56. Rehearing ordered by convening authority -- Grounds -- Procedure.
(1) (a) If the convening authority disapproves the findings and sentence of a military courthe may, except if there is lack of sufficient evidence in the record to support the findings, order arehearing, and shall state the reasons for disapproval.
(b) If he disapproves the findings and sentence and does not order a rehearing, he shalldismiss the charges.
(2) (a) Each rehearing shall take place before a military court composed of members whoare not members of the military court that first heard the case.
(b) At rehearing, the accused may not be tried for any offense of which he was found notguilty by the first military court. A sentence imposed may not exceed or be more severe than theoriginal sentence, unless based on a finding of guilty regarding an offense not considered on themerits in the original proceedings.
Amended by Chapter 15, 1989 General Session