Section 40.148

Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 1984   

  40.148.  Not guilty plea, entered when. — 1.  A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if after arraignment before a court-martial:

  (1)  An accused makes an irregular pleading;

  (2)  After a plea of guilty an accused sets up a matter inconsistent with the plea;

  (3)  It appears that an accused has entered a plea of guilty improvidently or through lack of understanding of its meaning or effect; or

  (4)  An accused fails or refuses to plead.

  2.  With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or summary court, a finding of guilty of the charge or specification may be entered immediately without vote.  This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

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(L. 1984 H.B. 1035 § 46)