South Dakota Codified Laws 33-10-191. Matters considered at proceeding in revision
A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:
(1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
Terms Used In South Dakota Codified Laws 33-10-191
- Record: when used in connection with the proceedings of a court-martial:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20
(2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Source: SL 2012, ch 175, § 172.