Statute 48-2919: (KCMJ Art. 63) Rehearings.
Each rehearing under this code 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 retried 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 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. If the sentence approved after the first court-martial was in
accordance with a pretrial agreement and the accused at a rehearing changes
the accused's plea with respect to the charges or specifications upon which
the pretrial agreement was based, or otherwise does not comply with the
pretrial agreement, the sentence as to those charges or specifications may
include any punishment not in excess of that lawfully adjudged at the first court-martial.
History: L. 1988, ch. 191, § 41; July 1.