Section 130.62. Rehearings  


Latest version.
  • 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.