9 M.J. 70 | United States Court of Military Appeals | 1980
Opinion of the Court
On July 1, 1977, the appellant was tried in Okinawa, Japan, by a special court-martial composed of a military judge alone. He pleaded guilty to several offenses in violation of the Uniform Code of Military Justice.
The second granted issue concerns the authentication of this record of trial by the trial counsel. See Article 54(a), Uniform Code of Military Justice, 10 U.S.C. § 854(a), and paras. 82f and 83a, Manual for Courts-Martial, United States, 1969 (Revised edition). The appellant asserts that there was no emergency situation which justified this substitute authentication. See United States v. Cruz-Rijos, 1 M.J. 429, 431 (C.M.A.1976). We disagree. The absence of the military judge from the situs of trial at the time of authentication was a result of his permanent change of duty station orders to Quantico, Virginia. It was not a temporary absence from which the military judge could later return to the situs of trial in time for authentication. We also note that the military judge, in complying with a service regulation,
The decision of the United States Navy Court of Military Review is affirmed.
. These offenses were larceny, assault and battery, housebreaking, unlawful entry and impersonating a Naval Investigative Service (N.I.S.) agent, in violation of Articles 121, 128, 130 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 921, 928, 930 and 934, respectively.
. The convening authority approved the sentence but suspended execution of confinement in excess of 30 days. The officer exercising general court-martial jurisdiction over the appellant remitted all confinement in excess of 30 days.
. The Government asserts that this omission was formalistic and that the substance of the plea bargain inquiry shows there was no disagreement by counsel.
. Para. If, NAVJAGINST. 5813.4b.