United States v. Torres

OPINION OF THE COURT

En Banc.

JONES, Senior Judge:

Charged with housebreaking, willful destruction of military property, and larceny (nine specifications), the appellant was convicted only of housebreaking and one count of attempted larceny in violation of Articles 130 and 80, Uniform Code of Military Justice, 10 U.S.C. §§ 930 and 880. We are reviewing the case pursuant to Article 66, UCMJ.

The charges arose out of the entry by appellant and another into a barracks occupied by appellant’s unit which was on temporary duty from Fort Lewis to Alaska. Appellant, a member of the rear detachment of the…