Rehearings

(a) Each rehearing under this chapter shall take place before a court-martial composed of members that are not members of the court-martial that first heard the case. Upon a rehearing, the accused shall not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence shall be adjudged 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. (b) If the sentence adjudged by the first court-martial was in accordance with a plea agreement under section 124B-80 and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of the punishment that could have been adjudged at the first court-martial, subject to limitations as prescribed by the governor or adjutant general by rule. (c) If, after appeal by the government under section 124B-107, the sentence adjudged is set aside and a rehearing on sentence is ordered by the intermediate appellate court, the court-martial may impose any adjudged sentence, subject to limitations as prescribed by the governor or adjutant general by rule.