United States v. Avila

DECISION

SESSOMS, Senior Judge:

The accused was convicted, despite his pleas, of having committed an act of sodomy with his four year old stepdaughter at their off-base residence in Tacoma, Washington. The sentence imposed by the members included a dishonorable discharge, confinement for 10 years, reduction to pay grade E-l, and the forfeiture of $319 per month for 10 years. The convening authority reduced the confinement and forfeiture period to seven years.

Appellate defense counsel have assigned as error (1) the failure of the military judge to grant a motion to dismiss for lack of subject…