{"data":{"id":"us-ga/o.c.g.a.-38-2-1071","jurisdiction":"us-ga","citation":"O.C.G.A. § 38-2-1071","heading":"Execution of sentence extending to dismissal or dishonorable or bad conduct discharge.","body":"(a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived and an appeal is not withdrawn under Code Section 38-2-1061, that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge shall not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings shall be final in such cases when review is completed by an appellate court as provided for in Code Section 38-2-1067 and is deemed final by the law of this state.\n(b) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn under Code Section 38-2-1061, that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge shall not be executed until review of the case by the state judge advocate and any action on that review under Code Section 38-2-1064 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Code Section 38-2-1060 when so approved under that Code section.\n(c) The convening authority may suspend the execution of any sentence or part thereof.","path":["TITLE 38 Military, Emergency Management, and Veterans Affairs","CHAPTER 2 Military Affairs","Article 5 Code of Military Justice","PART 9 Review of Courts-Martial"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.38.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"be3dbf6c87081f6753f5a45ce68f4230ca7eb665a6b40c2ecddc7b6da3cde5d8","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-38-2-1070","next":"us-ga/o.c.g.a.-38-2-1072"},"notice":"GroundRules: Original legal text. Not legal advice."}