39A-5-229. Specification dismissal — No finding of not guilty — Procedure.
| (1) |
If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. |
Terms Used In Utah Code 39A-5-229
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
| (2) |
If there is an apparent error or omission in the record or the record shows improper or inconsistent action by a court martial regarding a finding or sentence, that may be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. However, the record may not be returned for:
| (a) |
reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty; |
| (b) |
reconsideration of a finding of not guilty of any charge unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of a provision of this chapter; or |
| (c) |
increasing the severity of the sentence. |
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Renumbered and Amended by Chapter 373, 2022 General Session
