39-6-58 - Convening authority review -- Action by governor final -- SJA review -- Appeal of final action. - Utah Statutes

39-6-58. Convening authority review -- Action by governor final -- SJA review --Appeal of final action.
(1) When the governor is the convening authority, the governor's action on the review ofa record of trial is final.
(2) The state judge advocate shall review the record of trial in each case prior to finalaction being taken.
(3) The SJA shall make a written review and recommendation on legal issues to theconvening authority for its consideration prior to final action in any case.
(4) In a case subject to review by the SJA under this section, the SJA shall submit anopinion regarding any errors committed during the trial and an analysis of the legal effect of theerror to the convening authority prior to its affirmation and action regarding the findings andsentence in the case.
(5) The convening authority may affirm only findings of guilty and the sentence or partof the sentence that:
(a) is correct in law and fact; and
(b) should be approved, based on the entire record and the advice of the SJA, and anyrebuttal submitted by the accused or defense counsel.
(6) In considering the record, the convening authority may weigh the evidence, judge thecredibility of witnesses, and determine controverted questions of fact, recognizing that the trialcourt saw and heard the testimony of the witnesses.
(7) If the convening authority sets aside the findings and sentence:
(a) a rehearing may be ordered, except when the decision to set aside is based on a lack ofsufficient evidence in the record to support the findings; or
(b) if a rehearing is not ordered, the charges shall be dismissed.
(8) (a) Final action approved by the convening authority may be appealed directly to theUtah Court of Appeals.
(b) Notice of appeal shall be filed within 30 days after the final action has been taken bythe convening authority.

Amended by Chapter 287, 2008 General Session