Okla. Stat. tit. 44, § 44-852
This is the official text of Okla. Stat. tit. 44, § 44-852, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Votes required for conviction, sentencing and other
Official statutory text
matters.
ARTICLE 52. Votes required for conviction, sentencing and other
matters.
A. In general. No person may be convicted of an offense in a
general or special court-martial, other than:
1. After a plea of guilty under subsection B of Section 845 of
this title (Article 45, subsection B);
2. By a military judge in a court-martial with a military judge
alone, under Section 816 of this title (Article 16); or
3. In a court-martial with members under Section 816 of this
title (Article 16), by the concurrence of at least three-fourths
(3/4) of the members present when the vote is taken.
B. Level of concurrence required.
1. In general. Except as provided in paragraph 2 of subsection
A of this section, all matters to be decided by members of a general
or special court-martial shall be determined by a majority vote, but
a reconsideration of a finding of guilty or reconsideration of a
sentence, with a view toward decreasing the sentence, may be made by
any lesser vote which indicates that the reconsideration is not
opposed by the number of votes required for that finding or
sentence.
2. Sentencing. All sentences imposed by members under the
Oklahoma Uniform Code of Military Justice shall be determined by the
concurrence of at least three-fourths (3/4) of the members present
when the vote is taken.
ARTICLE 52. Votes required for conviction, sentencing and other
matters.
A. In general. No person may be convicted of an offense in a
general or special court-martial, other than:
1. After a plea of guilty under subsection B of Section 845 of
this title (Article 45, subsection B);
2. By a military judge in a court-martial with a military judge
alone, under Section 816 of this title (Article 16); or
3. In a court-martial with members under Section 816 of this
title (Article 16), by the concurrence of at least three-fourths
(3/4) of the members present when the vote is taken.
B. Level of concurrence required.
1. In general. Except as provided in paragraph 2 of subsection
A of this section, all matters to be decided by members of a general
or special court-martial shall be determined by a majority vote, but
a reconsideration of a finding of guilty or reconsideration of a
sentence, with a view toward decreasing the sentence, may be made by
any lesser vote which indicates that the reconsideration is not
opposed by the number of votes required for that finding or
sentence.
2. Sentencing. All sentences imposed by members under the
Oklahoma Uniform Code of Military Justice shall be determined by the
concurrence of at least three-fourths (3/4) of the members present
when the vote is taken.
Status: in_force · Read it on the official government site
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