{"data":{"id":"us-co/c.r.s.-28-3.1-409","jurisdiction":"us-co","citation":"C.R.S. § 28-3.1-409","heading":"Rehearings.","body":"(1) If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case, he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.\n\n(2) Each rehearing shall take place before a court-martial whose composition shall not include any member or military judge 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 imposed unless the sentence is based upon a finding of guilty of an offense considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.","path":["Title 28 - MILITARY AND VETERANS","Article 3.1 - Colorado Code of Military Justice","Part 4 - SENTENCES"],"source_url":"https://olls.info/crs/crs2026-title-28.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"947eb1c4a3c8a26e0ba42ea128cc760befd9ad7f493cead11dd7ec89e527c7e0","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-28-3.1-408","next":"us-co/c.r.s.-28-3.1-410"},"notice":"GroundRules: Original legal text. Not legal advice."}