2012 South Dakota Codified Laws
Title 33 MILITARY AFFAIRS
Chapter 10. Uniform State Code Of Military Justice
§33-10-191 Matters considered at proceeding in revision.
33-10-191. Matters considered at proceeding in revision. 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.
Source: SL 2012, ch 175, § 172.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
