18 C.M.A. 571 | United States Court of Military Appeals | 1969
Opinion of the Court
The accused pleaded guilty to one specification of larceny of fragmentation vests, in violation of Article 121, Uniform Code of Military Justice, 10 USC § 921, and one specification of wrongful disposition of the same vests, alleged as a violation of Article 108, Code, supra, 10 USC § 908. At trial, the law officer instructed the court mem
On initial review, the convening authority reduced the sentence adjudged by the court-martial, but the reduction was to conform the punishment to that provided in a pretrial agreement with the accused. The instructional error, therefore, remains uncorrected.
The decision of the board of review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army for reference to the Court of Military Review for reassessment of the sentence in light of this opinion.