39A-5-230. Rehearing ordered by convening authority — Grounds — Procedure.
| (1) |
Terms Used In Utah Code 39A-5-230- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Verdict: The decision of a petit jury or a judge.
| (a) |
If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval. |
| (b) |
If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed. |
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| (2) |
| (a) |
Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case. |
| (b) |
At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court. |
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| (3) |
A sentence imposed may not exceed or be more severe than the original sentence, unless based on a finding of guilty regarding an offense not considered on the merits in the original proceedings. |
Renumbered and Amended by Chapter 373, 2022 General Session
