48-2710. (KCMJ Art. 45) Pleas of the accused. - Kansas Statutes

48-2710

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

      48-2710.   (KCMJ Art. 45) Pleas of the accused.(a) If an accused after arraignment makes an irregular pleading, orafter a plea of guilty sets up matter inconsistent with the plea, or if itappears that the accused has entered the plea of guilty improvidently orthrough lack of understanding of its meaning and effect, or if the accusedfails or refuses to plead, a plea of not guilty shall be entered in the record,and the courtshall proceed as though the accused had pleaded not guilty.

      (b)   With respect to any charge or specification to which a plea ofguilty has been made by the accused and accepted by the military judge,by a court-martial without a military judge orsummary court, a finding of guilty of the charge or specification may, ifpermitted by the regulations of the governor, be entered immediatelywithout vote. This finding shall constitute the finding of the court unlessthe plea of guilty is withdrawn prior to the announcement of the sentence,in which event the proceedings shall continue as though the accused hadpleaded not guilty.

      History:   L. 1972, ch. 203, § 48-2710;L. 1988, ch. 191, § 29; July 1.