Section 130.45. Pleas of the accused  


Latest version.
  • (a) If an accused after arraignment
      makes any irregular pleading, or after a plea of guilty sets  up  matter
      inconsistent  with  the  plea,  or if it appears that he has entered the
      plea of guilty improvidently or through lack  of  understanding  of  its
      meaning  and  effect,  or if he fails or refuses to plead, a plea of not
      guilty shall be entered in the record and the  court  shall  proceed  as
      though he had pleaded not guilty.
        (b)  With  respect  to  any charge or specification to which a plea of
      guilty has been made by the accused and accepted by the  military  judge
      or  by  a court-martial without a military judge, a finding of guilty of
      the charge or specification may,  if  permitted  by  regulations  issued
      pursuant  to  this  chapter,  be  entered immediately without vote. This
      finding shall constitute the finding of the court  unless  the  plea  of
      guilty  is  withdrawn  prior  to  announcement of the sentence, in which
      event the proceeding shall continue as though the  accused  had  pleaded
      not guilty.