(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(b) 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 by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. Such finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
Section: Previous 38-2-1038 38-2-1039 38-2-1040 38-2-1041 38-2-1042 38-2-1043 38-2-1044 38-2-1045 38-2-1046 38-2-1046.1 38-2-1047 38-2-1048 38-2-1049 38-2-1050 38-2-1050.1 NextLast modified: October 14, 2016