Wash. Rev. Code § 38.38.548
[Art. 63] Rehearings
Washington · Revised Code of Washington Chapter 38.38 — Washington Code of Military Justice · Status: effective
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- Wash. Rev. Code § 38.38.548, [Art. 63] Rehearings, Washington, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1508908
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(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
(2) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.