{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-863","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-863","heading":"Rehearings","body":"ARTICLE 63. Rehearings.\n\nA. Each rehearing under the Oklahoma Uniform Code of Military\n\nJustice shall take place before a court-martial composed of members\n\nwho were not members of the court-martial which first heard the\n\ncase. Upon a rehearing the accused may not be tried for any offense\n\nof which he or she was found not guilty by the first court-martial,\n\nand no sentence in excess of or more severe than the original\n\nsentence may be adjudged, unless the sentence is based upon a\n\nfinding of guilty of an offense not considered upon the merits in\n\nthe original proceedings, or unless the sentence prescribed for the\n\noffense is mandatory.\n\nB. If the sentence adjudged by the first court-martial was in\n\naccordance with a plea agreement under Section 853A of this title\n\n(Article 53A) and the accused at the rehearing does not comply with\n\nthe agreement, or if a plea of guilty was entered for an offense at\n\nthe first court-martial and a plea of not guilty was entered at the\n\nrehearing, the sentence as to those charges or specifications may\n\ninclude any punishment not in excess of that which could have been\n\nadjudged at the first court-martial, subject to such limitations as\n\nthe Adjutant General may prescribe by regulation.\n\nC. If, after appeal by the government under subsection C of\n\nSection 856 of this title (Article 56, subsection C), the sentence\n\nadjudged is set aside and a rehearing on sentence is ordered by the\n\nMilitary Court of Appeals or Court of Criminal Appeals, the court-\n\nmartial may impose any sentence that is in accordance with the order\n\nor ruling setting aside the adjudged sentence, subject to such\n\nlimitations as the Adjutant General may prescribe by regulation.","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":"c9526e60d191d61623a0caff0a25547cd05cbc496303969ff96dc5f175187ca7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-862","next":"us-ok/okla.-stat.-tit.-44-44-864"},"notice":"GroundRules: Original legal text. Not legal advice."}