39A-5-237. Sentence set aside — Rights restored.
| (1) |
Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon the new trial or rehearing. |
Terms Used In Utah Code 39A-5-237
- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (2) |
If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his or her enlistment. |
| (3) |
| (a) |
If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue. |
| (b) |
A commissioned officer dismissed by a sentence may be reappointed by the governor to the grade and rank the commissioned officer had attained, if a position is available under the applicable organization. |
| (c) |
Time between the dismissal and reappointment is considered service for all purposes. |
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Renumbered and Amended by Chapter 373, 2022 General Session
