Colorado § 28-3.1-408 - Reconsideration and revision.
Full text of Colorado Colorado Revised Statutes § 28-3.1-408 — Reconsideration and revision., with citation guidance and answers to common questions.
§ 28-3.1-408. Reconsideration and revision.
(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2) (a) Where there is an apparent error or omission in the record, or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.
(b) In no case, however, may the record be returned:
(I) For reconsideration of a finding of not guilty or a ruling which amounts to a finding of not guilty; or
(II) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of the code; or
(III) For increasing the severity of the sentence, unless the sentence prescribed for the offense is mandatory.
Source: L. 83: Entire article added, p. 1182, § 1, effective June 10.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 28-3.1-408
What does Colorado Revised Statutes § 28-3.1-408 cover?
Section 28-3.1-408 ("Reconsideration and revision.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 28-3.1-408?
A common citation format is "Colorado Revised Statutes § 28-3.1-408" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 28-3.1-408 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.