(a) Each rehearing under this chapter shall take place before a court-martial composed of members that are not members of the court-martial that first heard the case. Upon a rehearing, the accused shall not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence shall be adjudged unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.
Terms Used In Hawaii Revised Statutes 124B-108
Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
(b) If the sentence adjudged by the first court-martial was in accordance with a plea agreement under section 124B-80 and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of the punishment that could have been adjudged at the first court-martial, subject to limitations as prescribed by the governor or adjutant general by rule.(c) If, after appeal by the government under section 124B-107, the sentence adjudged is set aside and a rehearing on sentence is ordered by the intermediate appellate court, the court-martial may impose any adjudged sentence, subject to limitations as prescribed by the governor or adjutant general by rule.
