LegalFix
Sign In

§ 33-10-191 Matters considered at proceeding in revision.

SD Codified L § 33-10-191 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

33-10-191. Matters considered at proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.Source: SL 2012, ch 175, § 172.

Previous Section
§ 33-10-190 Proceeding in revision or rehearing.
Next Section
§ 33-10-192 Matters considered at rehearing--Dismissal without rehearing.