Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person’s sole discretion may:

(1) Dismiss any charge or specification by setting aside a finding of guilty thereto; or

Terms Used In South Dakota Codified Laws 33-10-188

  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See South Dakota Codified Laws 33-10-20
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

Source: SL 2012, ch 175, § 169.