2021 Colorado Code
Title 28 - Military and Veterans
Article 3.1 - Colorado Code of Military Justice
Part 4 - Sentences
§ 28-3.1-409. Rehearings

1. If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case, he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
2. Each rehearing shall take place before a court-martial whose composition shall not include any member or military judge of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.

History. Source: L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 89, effective May 24.