Number of Votes Required

(a)No person shall be convicted, if charged under § 63723.60 of this Code of an offense which is a violation of the Guam penal laws and the punishment assessable is that which Guam Penal statutes authorizes, unless the court-martial is before an appropriate court of the territory following the rules and procedures concerning criminal trials of Guam after arraignment.

(b)No person shall be convicted of an offense in any other case, except by concurrence of two-thirds (2/3) of the members present at the time the vote is taken.

(c)Except for sentences for convictions under subsection

(a)which shall be determined by Guam penal statutes and criminal procedures, all sentences shall be determined by concurrence of two-thirds (2/3) of the members present at the time the vote is taken.

(d)All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the CH. 63 GUAM NATIONAL GUARD reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies a member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination in favor of the accused.