§ 28-3.1-408 — Reconsideration and revision

Colorado § 28-3.1-408

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(1) If a specification before a
court-martial 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.

(2) (a) Where there is an apparent error or omission in the record, or where
the record shows improper or inconsistent action by a court-martial with respect to
a finding or sentence which can 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.

(b) In no case, however, may the record be returned:

(I) For reconsideration of a finding of not guilty or a ruling which amounts to
a finding of not guilty; or

(II) For 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 the code; or

(III) For increasing the severity of the sentence, unless the sentence
prescribed for the offense is mandatory.

Legislative History

Source: L. 83: Entire article added, p. 1182, � 1, effective June 10.