South Dakota § 33-10-216 Execution of sentence when appeal waived or withdrawn.

South Dakota Statutes

§ 33-10-216 — Execution of sentence when appeal waived or withdrawn.

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

If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to § 33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to § 33-10-187 when so approved under that section.

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If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to § 33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to § 33-10-187 when so approved under that section.

South Dakota § 33-10-216 (Execution of sentence when appeal waived or withdrawn.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.