7 M.J. 448 | United States Court of Military Appeals | 1979
Lead Opinion
In accordance with his pleas, appellant was convicted of both possession and sale of lysergic acid diethylamide on two separate occasions, in violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892.
Appellant claims that his guilty pleas are improvident because he was provided substantially incorrect advice on the maximum punishment authorized for his offenses. At the court-martial the military judge advised the appellant that a maxi
Appellant first asserts that the sentence advice given by the military judge was substantially incorrect in light of the subsequent dismissal of two specifications by the Court of Military Review. Accordingly, he argues that since his guilty pleas were, as to the total maximum authorized confinement, unintelligent, they must now be vacated. This argument we reject as without merit. The appellant, prior to proffering his guilty pleas, made an unsuccessful motion to dismiss these same specifications on the basis of a lack of subject-matter jurisdiction. In view of the decision of this Court in United States v. Hedlund, 7 M.J. 271 (C.M.A.1979), we do not find these guilty pleas unintelligent on this ground.
Appellant also asserts that the maximum period of confinement authorized for the single group of remaining specifications was improperly determined by the military judge. He claims that it was one year
The decision of the United States Army Court of Military Review is affirmed.
. Four separate specifications.
. As no specific punishment is provided for LSD, appellant submits the applicable penalty would be that prescribed in the United States Code or the Code of the District of Columbia, whichever is lesser. Para. 127c, Manual for Courts-Martial, United States, 1969 (Revised edition); 33 D.C.Code § 701 et seq.; Council Regulation 74-79, 21 D.C. Register 1525-26.
. See United States v. Thurman, 7 M.J. 26, 29 n. 5 (C.M.A.1979).
Concurrence Opinion
(concurring in the result):
I concur in the result. See my separate opinions in United States v. Castrillon-Moreno, 7 M.J. 414, 416 (C.M.A.1979); United States v. Thurman, 7 M.J. 26, 29 (C.M.A.1979).