United States v. McPhaul

OPINION OF THE COURT

CARMICHAEL, Judge:

Pursuant to his plea, Private First Class (PFC) McPhaul was convicted of rape in violation of Article 120, Uniform Code of Military Justice [hereinafter cited as UCMJ], 10 U.S.C. § 920 (1982). A general court-martial consisting of officer and enlisted members sentenced him to a bad conduct discharge, confinement for five years, forfeiture of all pay and allowances, and reduction to the grade of Private E-l. The convening authority approved the sentence.

Appellant raises as the first of three assigned errors that the military judge erred by not personally…