United States v. Rice

Opinion

COX, Judge:

Appellant claims he was prejudiced when the legal officer who reviewed his case testified at his trial as a government witness in aggravation and when testimony as to appellant’s potential for further military service was admitted. We agree as to the first claim, but we reject the second by an equally divided vote. See United States v. Owens, 23 USCMA 700, 50 CMR 906 (1975).

Consistent * with his pleas, appellant was convicted by special court-martial, at Orlando, Florida, of one specification of using cocaine, in violation of Article 112a, Uniform Code of Military Justice,…