2006 Utah Code - 39-6-56 — Rehearing ordered by convening authority -- Grounds -- Procedure.

     39-6-56.   Rehearing ordered by convening authority -- Grounds -- Procedure.
     (1) (a) If the convening authority disapproves the findings and sentence of a military court he may, except if there is lack of sufficient evidence in the record to support the findings, order a rehearing, and shall state the reasons for disapproval.
     (b) If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
     (2) (a) Each rehearing shall take place before a military court composed of members who are not members of the military court that first heard the case.
     (b) At rehearing, the accused may not be tried for any offense of which he was found not guilty by the first military court. 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.

Amended by Chapter 15, 1989 General Session