1997 Minnesota Statutes

     192A.335 Rehearings.  

    Subdivision 1.  If the convening authority disapproves the 
 findings and sentence of a court-martial the convening authority 
 may, except where there is lack of sufficient evidence in the 
 record to support the findings, order a rehearing.  In such a 
 case the convening authority shall state the reasons for 
 disapproval. If the findings and sentence are disapproved and a 
 rehearing is not ordered, the charges shall be dismissed by the 
 convening authority.  

    Subd. 2.  Each rehearing shall take place before a 
 court-martial composed of members not members of the 
 court-martial which first heard the case.  Upon a rehearing the 
 accused may not be tried for any offense of which the accused 
 was found not guilty by the first court-martial, and no sentence 
 in excess of or more severe than the original sentence may be 
 imposed, unless the sentence is based upon a finding of guilty 
 of an offense not considered upon the merits in the original 
 proceedings, or unless the sentence prescribed for the offense 
 is mandatory.  

    HIST: 1963 c 661 s 192A.335; 1986 c 444