Okla. Stat. tit. 44, § 44-863
This is the official text of Okla. Stat. tit. 44, § 44-863, 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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Rehearings
Official statutory text
ARTICLE 63. Rehearings.
A. Each rehearing under the Oklahoma Uniform Code of Military
Justice shall take place before a court-martial composed of members
who were 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 or she was found not guilty by the first court-martial,
and no sentence in excess of or more severe than the original
sentence may be adjudged, unless the sentence is based upon a
finding of guilty of an offense not considered upon the merits in
the original proceedings, or unless the sentence prescribed for the
offense is mandatory.
B. If the sentence adjudged by the first court-martial was in
accordance with a plea agreement under Section 853A of this title
(Article 53A) and the accused at the rehearing does not comply with
the agreement, or if a plea of guilty was entered for an offense at
the first court-martial and a plea of not guilty was entered at the
rehearing, the sentence as to those charges or specifications may
include any punishment not in excess of that which could have been
adjudged at the first court-martial, subject to such limitations as
the Adjutant General may prescribe by regulation.
C. If, after appeal by the government under subsection C of
Section 856 of this title (Article 56, subsection C), the sentence
adjudged is set aside and a rehearing on sentence is ordered by the
Military Court of Appeals or Court of Criminal Appeals, the court-
martial may impose any sentence that is in accordance with the order
or ruling setting aside the adjudged sentence, subject to such
limitations as the Adjutant General may prescribe by regulation.
A. Each rehearing under the Oklahoma Uniform Code of Military
Justice shall take place before a court-martial composed of members
who were 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 or she was found not guilty by the first court-martial,
and no sentence in excess of or more severe than the original
sentence may be adjudged, unless the sentence is based upon a
finding of guilty of an offense not considered upon the merits in
the original proceedings, or unless the sentence prescribed for the
offense is mandatory.
B. If the sentence adjudged by the first court-martial was in
accordance with a plea agreement under Section 853A of this title
(Article 53A) and the accused at the rehearing does not comply with
the agreement, or if a plea of guilty was entered for an offense at
the first court-martial and a plea of not guilty was entered at the
rehearing, the sentence as to those charges or specifications may
include any punishment not in excess of that which could have been
adjudged at the first court-martial, subject to such limitations as
the Adjutant General may prescribe by regulation.
C. If, after appeal by the government under subsection C of
Section 856 of this title (Article 56, subsection C), the sentence
adjudged is set aside and a rehearing on sentence is ordered by the
Military Court of Appeals or Court of Criminal Appeals, the court-
martial may impose any sentence that is in accordance with the order
or ruling setting aside the adjudged sentence, subject to such
limitations as the Adjutant General may prescribe by regulation.
Status: in_force · Read it on the official government site
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