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§ 852. Votes required for conviction, sentencing and other matters

Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019

Oklahoma Statutes Annotated
Title 44. Militia
Chapter 6A. Oklahoma Uniform Code of Military Justice
Part VII. Trial Procedure
Effective: October 1, 2019
44 Okl.St.Ann. § 852
§ 852. Votes required for conviction, sentencing and other matters
Currentness
ARTICLE 52. Votes required for conviction, sentencing and other matters.
A. In general. No person may be convicted of an offense in a general or special court-martial, other than:
1. After a plea of guilty under subsection B of Section 845 of this title (Article 45, subsection B);
2. By a military judge in a court-martial with a military judge alone, under Section 816 of this title (Article 16); or
3. In a court-martial with members under Section 816 of this title (Article 16), by the concurrence of at least three-fourths (3/4) of the members present when the vote is taken.
B. Level of concurrence required.
1. In general. Except as provided in paragraph 2 of subsection A of this section, all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
2. Sentencing. All sentences imposed by members under the Oklahoma Uniform Code of Military Justice shall be determined by the concurrence of at least three-fourths (3/4) of the members present when the vote is taken.

Credits

Laws 2019, c. 408, § 60, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 852, OK ST T. 44 § 852
Current with emergency effective legislation through Chapter 319 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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