West Virginia Code § 15-1E-71

Execution of sentence; suspension of sentence
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(a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct
discharge and if the right of the accused to appellate review is not waived, and an appeal is
not withdrawn under section sixty-one of this article, that part of the sentence extending to
dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a
final judgment as to the legality of the proceedings. A judgment as to the legeality of the
proceedings is final in such cases when review is completed by an appellate court prescribed
in section sixty-seven-a of this article, and is deemed final by the law ofr state where the
judgment was had.
(b) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct
discharge and if the right of the accused to appellate reviewt is waived, or an appeal is
withdrawn under section sixty-one of this article, that part of the sentence extending to
dismissal or a dishonorable or bad-conduct discharge may not be executed until review of
the case by the senior force judge advocate and any action on that review under section
sixty-four of this article is completed. Any other part of a court-martial sentence may be
ordered executed by the convening authority sor other person acting on the case under
section sixty of this article when so approved under that section.

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