Oklahoma § 44-863 - Rehearings

§ 44-863. Rehearings

ARTICLE 63. Rehearings.

A. Each rehearing under the Oklahoma Uniform Code of Military

Justice 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 he or she was found not guilty by the first court-martial,

and no sentence in excess of or more severe than the original

sentence may be adjudged, 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.

B. If the sentence adjudged by the first court-martial was in

accordance with a plea agreement under Section 853A of this title

(Article 53A) and the accused at the rehearing does not comply with

the agreement, or if a plea of guilty was entered for an offense at

the first court-martial and a plea of not guilty was entered at the

rehearing, the sentence as to those charges or specifications may

include any punishment not in excess of that which could have been

adjudged at the first court-martial, subject to such limitations as

the Adjutant General may prescribe by regulation.

C. If, after appeal by the government under subsection C of

Section 856 of this title (Article 56, subsection C), the sentence

adjudged is set aside and a rehearing on sentence is ordered by the

Military Court of Appeals or Court of Criminal Appeals, the courtmartial may impose any sentence that is in accordance with the order

or ruling setting aside the adjudged sentence, subject to such

limitations as the Adjutant General may prescribe by regulation.

Added by Laws 2019, c. 408, § 78, eff. Oct. 1, 2019.