Georgia § 38-2-1063 - Rehearings; grounds; members of court; effect on sentence.
Full text of Georgia Official Code of Georgia Annotated § 38-2-1063 — Rehearings; grounds; members of court; effect on sentence., with citation guidance and answers to common questions.
§ 38-2-1063. Rehearings; grounds; members of court; effect on sentence.
Each rehearing under this article shall take place before a court-martial composed of members who were 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 approved, 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. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial. (Code 1981, § 38-2-1063 , enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 38-2-1063
What does Official Code of Georgia Annotated § 38-2-1063 cover?
Section 38-2-1063 ("Rehearings; grounds; members of court; effect on sentence.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. 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 Georgia § 38-2-1063?
A common citation format is "Official Code of Georgia Annotated § 38-2-1063" (Georgia). 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 Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 38-2-1063 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia 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 Georgia.