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29b-63
29B.63 RECONSIDERATION AND REVISION.
1. If a specification before a court-martial has been dismissed
on motion and the ruling does not amount to a finding of not guilty,
the convening authority may return the record to the court for
reconsideration of the ruling and any further appropriate action.
2. Where there is an apparent error or omission in the record or
where the record shows improper or inconsistent action by a
court-martial with respect to a finding or sentence which can be
rectified without material prejudice to the substantial rights of the
accused, the convening authority may return the record to the court
for appropriate action. In no case, however, may the record be
returned:
a. For reconsideration of a finding of not guilty, or a
ruling which amounts to a finding of not guilty;
b. For reconsideration of a finding of not guilty of any
charge, unless the record shows a finding of guilty under a
specification laid under that charge, which sufficiently alleges a
violation of some section of this code; or
c. For increasing the severity of the sentence unless the
sentence prescribed for the offense is mandatory. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.63] Section History: Recent Form
2008 Acts, ch 1032, § 201
