United States v. Johnson

Opinion of the Court

Ferguson, Judge:

The accused pleaded guilty to three specifications of being absent without leave, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, and was sentenced to dishonorable discharge, total forfeitures, and confinement at hard labor for two years. Intermediate appellate authorities have affirmed the findings and sentence without change. We granted review on the following issue:

Whether the law officer erred to the substantial prejudice of the appellant by failing to instruct the court that when voting on proposed sentences, it should begin…