§ 28-3.1-409 — Rehearings

Colorado § 28-3.1-409

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

Text

(1) If the convening authority disapproves the
findings and sentence of a court-martial, he or she may, except where there is lack
of sufficient evidence in the record to support the findings, order a rehearing. In
such a case, he or she shall state the reasons for disapproval. If he or she
disapproves the findings and sentence and does not order a rehearing, he or she
shall dismiss the charges.

(2) Each rehearing shall take place before a court-martial whose
composition shall not include any member or military judge of the court-martial
which first heard the case. Upon a rehearing, the accused may not be tried for any
offense of which he or she was found not guilty by the first court-martial, and no
sentence in excess of or more severe than the original sentence may be imposed
unless the sentence is based upon a finding of guilty of an offense considered upon
the merits in the original proceedings or unless the sentence prescribed for the
offense is mandatory.

Legislative History

Source: L. 83: Entire article added, p. 1182, � 1, effective June 10. L. 2002: Entire section amended, p. 613, � 89, effective May 24.