§ 12-64-707 - Rehearings.
               	 		
12-64-707.    Rehearings.
    (a)    (1)  If  the convening authority disapproves the findings and sentence of a  court-martial he may, except where there is lack of sufficient evidence  in the record to support the findings, order a rehearing.
      (2)  In such a case he shall state the reasons for disapproval.
      (3)  If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
(b)    (1)  Each  rehearing shall take place before a court-martial composed of members  not members of the court-martial which first heard the case.
      (2)  Upon  a rehearing the accused may not be tried for any offense of which he  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.