40.198. Rehearing limitations--dismissal of charges, when.
Rehearing limitations--dismissal of charges, when.
40.198. 1. If the convening authority disapproves thefindings and sentence of a court-martial that authority may,except where there is lack of sufficient evidence in the recordto support the findings, order a rehearing. In such a case theconvening authority shall state the reasons for disapproval. Ifhe disapproves the findings and sentence and does not order arehearing, the convening authority shall dismiss the charges.
2. Each rehearing shall take place before a court-martialcomposed of members not members of the court-martial which firstheard the case. Upon a rehearing the accused shall not be triedfor any offense of which he was found not guilty by the firstcourt-martial, and no sentence in excess of or more severe thanthe original sentence may be imposed, unless the sentence isbased upon a finding of guilty of an offense not considered uponthe merits in the original proceedings, or unless the sentenceprescribed for the offense is mandatory.
(L. 1984 H.B. 1035 § 64)