Oklahoma § 44-852 - Votes required for conviction, sentencing and other

§ 44-852. Votes required for conviction, sentencing and other

matters.

ARTICLE 52. Votes required for conviction, sentencing and other

matters.

A. In general. No person may be convicted of an offense in a

general or special court-martial, other than:

1. After a plea of guilty under subsection B of Section 845 of

this title (Article 45, subsection B);

2. By a military judge in a court-martial with a military judge

alone, under Section 816 of this title (Article 16); or

3. In a court-martial with members under Section 816 of this

title (Article 16), by the concurrence of at least three-fourths

(3/4) of the members present when the vote is taken.

B. Level of concurrence required.

1. In general. Except as provided in paragraph 2 of subsection

A of this section, all matters to be decided by members of a general

or special court-martial shall be determined by a majority vote, but

a reconsideration of a finding of guilty or reconsideration of a

sentence, with a view toward decreasing the sentence, may be made by

any lesser vote which indicates that the reconsideration is not

opposed by the number of votes required for that finding or

sentence.

2. Sentencing. All sentences imposed by members under the

Oklahoma Uniform Code of Military Justice shall be determined by the

concurrence of at least three-fourths (3/4) of the members present

when the vote is taken.

Added by Laws 2019, c. 408, § 60, eff. Oct. 1, 2019.