Utah § 39A-5-230 Rehearing ordered by convening authority -- Grounds -- Procedure.

Utah Statutes

§ 39A-5-230 — Rehearing ordered by convening authority -- Grounds -- Procedure.

Utah § 39A-5-230

Title 39ANational Guard and Militia Act

Ch. 39A-5Utah Code of Military Justice

Part 39A-5-2Military Courts

This text of Utah § 39A-5-230 (Rehearing ordered by convening authority -- Grounds -- Procedure.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 39A-5-230 (2026).

Text

(1)(1)(a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval.

(1)(b) If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.

(2)(2)(a) Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case.

(2)(b) At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court.

(3)A sentence imposed may not exceed or be more severe than the original sentence, unl

Free access — add to your briefcase to read the full text and ask questions with AI

(1) (1)(a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval.
(1)(b) If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.
(2) (2)(a) Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case.
(2)(b) At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court.
(3) A sentence imposed may not exceed or be more severe than the original sentence, unless based on a finding of guilty regarding an offense not considered on the merits in the original proceedings.