§ 31-2A-71 — (Article 71.) Execution of Sentence; Suspension of Sentence

Alabama § 31-2A-71

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 2A: Military Justice
• Part IX: Post-Trial Procedure and Review of Courts-Martial

Text

(a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law of the State of Alabama.
(b) If the sentence of the court-martial extends to dismissal or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by the senior judge advocate and any action on that review under Section 31-2A-64 (Article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Section 31-2A-60 (Article 60) when so approved under that article.
(c) The convening authority may suspend the execution of any sentence or part thereof.

Legislative History

(Act 2012-334, p. 790, §1.)