Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn

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or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until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 legality of the proceedings is final in such cases if review is completed by an appellate court prescribed in § 33-10-209 , and is deemed final by the law of state where the judgment was had. Source: SL 2012, ch 175 , § 196.