2005 Idaho Code - 46-1133 — PLEAS OF ACCUSED

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1133.  PLEAS OF ACCUSED. (1) If an accused arraigned before a
court-martial makes an irregular plea, or after a plea of guilty sets up
matter inconsistent with his plea, or if it appears that he has entered a plea
of guilty improvidently or through lack of understanding of its meaning and
effect, or if he fails or refuses to plead, a plea of not guilty shall be
entered in the record, and the court shall proceed as though he had pled not
guilty.
    (2)  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 shall be entered immediately. This
finding shall constitute the finding of the court unless the plea of guilty is
withdrawn and such withdrawal is permitted by the military judge prior to
announcement of the sentence, in which event the proceeding shall continue as
though the accused had pled not guilty.

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