{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-860b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-860B","heading":"Posttrial actions in summary courts-martial and certain","body":"general and special courts-martial.\n\nARTICLE 60B. Posttrial actions in summary courts-martial and\n\ncertain general and special courts-martial.\n\nA. In general.\n\n1. In a court-martial not specified in paragraph 2 of\n\nsubsection A of Section 860A of this title (Article 60A, subsection\n\nA, paragraph 2), the convening authority may:\n\na. dismiss any charge or specification by setting aside\n\nthe finding of guilty,\n\nb. change a finding of guilty to a charge or\n\nspecification to a finding of guilty to a lesser\n\nincluded offense,\n\nc. disapprove the findings and the sentence and dismiss\n\nthe charges and specifications,\n\nd. disapprove the findings and the sentence and order a\n\nrehearing as to the findings and the sentence,\n\ne. disapprove, commute, or suspend the sentence, in whole\n\nor in part, or\n\nf. disapprove the sentence and order a rehearing as to\n\nthe sentence.\n\n2. In a summary court-martial, the convening authority shall\n\napprove the sentence or take other action on the sentence under\n\nparagraph 1 of this subsection.\n\n3. Except as provided in paragraph 4 of this subsection, the\n\nconvening authority may act under this section only before entry of\n\njudgment.\n\n4. The convening authority may act under this section after\n\nentry of judgment in a general or special court-martial in the same\n\nmanner as the convening authority may act under paragraph 2 of\n\nsubsection D of Section 860A of this title (Article 60A, subsection\n\nD, paragraph 2). Such action shall be forwarded to the military\n\njudge, who shall ensure appropriate modification to the entry of\n\njudgment and shall transmit the entry of judgment to the State Judge\n\nAdvocate for appropriate action.\n\n5. Under regulations prescribed by the Adjutant General, a\n\ncommissioned officer commanding for the time being, a successor in\n\ncommand, or any person exercising general court-martial jurisdiction\n\nmay act under this section in place of the convening authority.\n\nB. Limitations on rehearings. The convening authority may not\n\norder a rehearing under this section:\n\n1. As to the findings, if there is insufficient evidence in the\n\nrecord to support the findings;\n\n2. To reconsider a finding of not guilty of any specification\n\nor a ruling which amounts to a finding of not guilty; or\n\n3. To reconsider a finding of not guilty of any charge, unless\n\nthere has been a finding of guilty under a specification laid under\n\nthat charge, which sufficiently alleges a violation of some section\n\nof the Oklahoma Uniform Code of Military Justice.\n\nC. Submissions by accused and victim. In accordance with\n\nregulations prescribed by the Adjutant General, in determining\n\nwhether to act under this section, the convening authority shall\n\nconsider matters submitted in writing by the accused or any victim\n\nof the offense. Such rules shall include the matter required by\n\nsubsection E of Section 860A of this title (Article 60A, subsection\n\nE).\n\nD. Decision of convening authority.\n\n1. In a general or special court-martial, the decision of the\n\nconvening authority under this section shall be forwarded to the\n\nmilitary judge, with copies provided to the accused and to any\n\nvictim of the offense.\n\n2. If the convening authority acts on the findings or the\n\nsentence under paragraph 1 of subsection A of this section, the\n\ndecision of the convening authority shall include a written\n\nexplanation of the reasons for such action.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7258649517df1d8ef3069f397d54c5ab1039f9b7002770a4a50d2b8976e81e21","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-860a","next":"us-ok/okla.-stat.-tit.-44-44-860c"},"notice":"GroundRules: Original legal text. Not legal advice."}