{"data":{"id":"us-ky/krs-35.329","jurisdiction":"us-ky","citation":"KRS 35.329","heading":"Rehearings.","body":"Each rehearing under this code shall take place before a court -martial composed of\nmembers who were not members of the court -martial which first heard the case. Upon a\nrehearing the accused may not be tried for any offense of which the accused was found\nnot guilty by the first court -martial, and no sentence in excess of or more severe than the\noriginal sentence may be approved, unless the sentence is based upon a finding of guilty\nof an offense not considered upon the merits in the original proceedings, or unless the\nsentence prescribed for the offense is mandatory. If the sentence approved after the first\ncourt-martial was in accordance with a pretrial agreement and the accused at the rehearing\nchanges a plea with respect to the charges or specifications up on which the pretrial\nagreement was based, or otherwise does not comply with the pretrial agreement, the\napproved sentence as to those charges or specifications may include any punishment not\nin excess of that lawfully adjudged at the first court-martial.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41943","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"b78fd15c4df76ad7ef2bc9d3ec92a906de003c6ba0e323445b5800d062b6060e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.328","next":"us-ky/krs-35.330"},"notice":"GroundRules: Original legal text. Not legal advice."}