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This entry was published on 2014-09-22
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SECTION 130.62
Rehearings
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.62. Rehearings. Each rehearing under this chapter shall take
place before a court-martial composed of members 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 was found not guilty by the
first court-martial, and no sentence in excess of or more severe than
the original sentence may be imposed, unless the sentence is based upon
a finding of guilty of an offense not considered upon the merits in the
original proceedings. If the sentence approved after the first
court-martial was in accordance with a pretrial agreement and the
accused at the rehearing changes his plea with respect to the charges or
specifications upon which the pretrial agreement was based, or otherwise
does not comply with the pretrial agreement, the sentence as to those
charges or specifications may include any punishment not in excess of
that lawfully adjudged at the first court-martial.