48-2919. (KCMJ Art. 63) Rehearings. - Kansas Statutes

48-2919

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL

      48-2919.   (KCMJ Art. 63) Rehearings.Each rehearing under this code shall take place before acourt-martial composed of members not members of the court-martial whichfirst heard the case. Upon a rehearing the accused may not be retried forany offense of which the accused was found not guilty by the firstcourt-martial, and no sentence in excess of or more severe than theoriginal sentence may be imposed, unless the sentence is based upon afinding of guilty of an offense not considered upon the merits in theoriginal proceedings or unless the sentence prescribed for the offense ismandatory. If the sentence approved after the first court-martial was inaccordance with a pretrial agreement and the accused at a rehearing changesthe accused's plea with respect to the charges or specifications upon whichthe pretrial agreement was based, or otherwise does not comply with thepretrial agreement, the sentence as to those charges or specifications mayinclude any punishment not in excess of that lawfully adjudged at the first court-martial.

      History:   L. 1988, ch. 191, § 41; July 1.