KRS 35.329: Rehearings.

Each rehearing under this code 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 the accused was found

not guilty by the first court -martial, and no sentence in excess of or more severe than the

original sentence may be approved, 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. If the sentence approved after the first

court-martial was in accordance with a pretrial agreement and the accused at the rehearing

changes a plea with respect to the charges or specifications up on which the pretrial

agreement was based, or otherwise does not comply with the pretrial agreement, the

approved sentence as to those charges or specifications may include any punishment not

in excess of that lawfully adjudged at the first court-martial.