United States v. Garcia

OPINION OF THE COURT

COHEN, Judge:

Appellant was convicted of assáult by intentionally inflicting grievous bodily harm in violation of Article 128, Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 928 (1976). He was sentenced by a special court-martial composed of officer and enlisted members to a bad-conduct discharge, six months’ confinement, forfeiture of $367.00 pay per month for six months, and reduction to Private E-l. The sentence was approved by the convening authority.

Appellant assigns two errors, the first is without merit. In the second, he contends the military judge erred by…