South Dakota § 33-10-191 Matters considered at proceeding in revision.

South Dakota Statutes

§ 33-10-191 — Matters considered at proceeding in revision.

South Dakota·Title 33 MILITARY AFFAIRS·Ch. 33-7 UNIFORM STATE CODE OF MILITARY JUSTICE

A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(1)Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2)Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

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A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision: (1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

South Dakota § 33-10-191 (Matters considered at proceeding in revision.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.