40.195. Record returned for reconsideration, when.
Record returned for reconsideration, when.
40.195. 1. If a specification before a court-martial hasbeen dismissed on motion and the ruling does not amount to afinding of not guilty, the convening authority may return therecord to the court for reconsideration of the ruling and anyfurther appropriate action.
2. Where there is an apparent error or omission in therecord or where the record shows improper or inconsistent actionby a court-martial with respect to a finding or sentence whichcan be rectified without material prejudice to the substantialrights of the accused, the convening authority may return therecord to the court for appropriate action. In no case, however,may the record be returned:
(1) For reconsideration of a finding of not guilty, or aruling which amounts to a finding of not guilty;
(2) For reconsideration of a finding of not guilty of anycharge, unless the record shows a finding of guilty under aspecification laid under that charge, which sufficiently allegesa violation of sections 40.005 to 40.490; or
(3) For increasing the severity of the sentence unless thesentence prescribed for the offense is mandatory.
(L. 1984 H.B. 1035 § 63)