<br><br>35.340 Proceedings to vacate suspension of sentence. <br>(1) Prior to the vacation of the suspension of a court-martial sentence the officer having <br>court-martial jurisdiction over the probationer shall hold a hearing on the alleged <br>violation of probation. If he so desires the probationer shall be represented at such <br>hearing either by counsel provided by him or by counsel provided for him at his <br>request in the same manner as specified in KRS 35.335. <br>(2) The record of the hearing and the recommendations of the officer having court-<br>martial jurisdiction shall be forwarded for action to the state judge advocate in cases <br>involving a general court-martial sentence. If he vacates the suspension, the <br>vacation shall be effective to execute any unexecuted portion of the sentence. <br>(3) The suspension of any other sentence may be vacated by any authority competent to <br>convene, for the command in which the accused is serving or assigned, a court of <br>the kind that imposed the sentence. <br>History: Amended 1970 Ky. Acts ch. 56, sec. 47. -- Created 1954 Ky. Acts ch. 99, <br>sec. 67, effective July 1, 1954. <br><br>