§ 30-13-65 - Reconsideration and revision of record. - Rhode Island Statutes

SECTION 30-13-65

   § 30-13-65  Reconsideration and revision ofrecord. – (a) If a specification before a court-martial has been dismissed on motion andthe ruling does not amount to a finding of not guilty, the convening authoritymay return the record to the court for reconsideration of the ruling and anyfurther appropriate action.

   (b) Where there is an apparent error or omission in therecord or where the record shows improper or inconsistent action by acourt-martial with respect to a finding or sentence which can be rectifiedwithout material prejudice to the substantial rights of the accused, theconvening authority may return the record to the court for appropriate action.In no case, however, may the record be returned:

   (1) For reconsideration of a finding of not guilty, or aruling which amounts to a finding of not guilty;

   (2) For reconsideration of a finding of not guilty of anycharge, unless the record shows a finding of guilty under a specification laidunder that charge, which sufficiently alleges a violation of some section ofthis code; or

   (3) For increasing the severity of the sentence unless thesentence prescribed for the offense is mandatory.