United States v. Denney

OPINION OF THE COURT

CARMICHAEL, Judge:

Appellant was tried in absentia by a special court-martial consisting of officer members. Contrary to his pleas, he was convicted of two specifications of larceny in violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921 (1982). Appellant was sentenced to a bad-conduct discharge, confinement for six months, and to forfeit $447.00 pay per month for six months. The convening authority approved the sentence.

This court specified the following issue to be briefed by defense and government appellate counsel:

WHETHER THE MILITARY JUDGE ERRED…