§ 29:145 — Article 45. Pleas of the accused

§145. Article 45. Pleas of the accused
A. If an accused after arraignment makes an irregular pleading, or after a plea of
guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea
of guilty improvidently or through lack of understanding of its meaning and effect, or if he
fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall
proceed as though he had pleaded not guilty.
B. With respect to any charge or specification to which a plea of guilty has been
made by the accused and accepted by the military judge, a finding of guilty of the charge or
specification may be entered immediately without vote. This finding shall constitute the
finding of the court unless the plea of guilty is withdrawn prior to the announcement of the
sentence, in which event the proceedings shall continue as though the accused had pleaded
not guilty.
C. A variance from the requirements of this Article is harmless error if the variance
does not materially prejudice the substantial rights of the accused.

Legislative History

Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.