Okla. Stat. tit. 44, § 44-859: Error of law - Lesser included offense

ARTICLE 59. Error of law - lesser included offense.

A. A finding or sentence of court-martial may not be held

incorrect on the ground of an error of law unless the error

materially prejudices the substantial rights of the accused.

B. Any reviewing authority with the power to approve or affirm

a finding of guilty may approve or affirm, instead, so much of the

finding as includes a lesser included offense.