§ 44-845 — Pleas of the accused.

ARTICLE 45. Pleas of the accused. A. Irregular and similar pleas. 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 or she has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he or she had pleaded not guilty. B. Pleas of guilty. 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 This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty. C. Harmless error. A variance from the requirements of this section is harmless error if the variance does not materially prejudice the substantial rights of the accused.

Legislative History

Added by Laws 2019, c. 408, § 52, eff. Oct. 1, 2019.