Plea of not guilty -- Accepted -- Withdrawn.

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  • (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 the accused:
    • (a) after arraignment makes an irregular pleading;
    • (b) after a plea of guilty raises a matter inconsistent with the plea;
    • (c) has apparently entered the plea of guilty improvidently or through lack of understanding of its meaning and effect; or
    • (d) fails or refuses to plead.
  • (2)
    • (a) A plea of guilty by the accused may not be accepted to any charge or specification alleging an offense for which a determinate term of one year confinement may be imposed.
    • (b) If a plea of guilty has been accepted by the military judge, a finding of guilty, if permitted by regulations promulgated by the governor, shall be entered immediately without vote and constitutes the finding of the court.
    • (c) If the plea of guilty is withdrawn prior to announcement of the sentence, the proceedings shall continue as though the accused had pleaded not guilty.




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