United States v. Fialkowski

OPINION OF THE COURT

COSTELLO, Judge:

Appellant was convicted by a military jury, contrary to his pleas, of unlawful entry, attempted larceny and larceny in violation of Articles 130, 80 and 121, 10 U.S.C. §§ 930, 880 and 921, respectively. All offenses were committed on post, against military victims. The approved sentence is set out above.

During trial the military judge considered a psychiatric report offered by appellant in which he noticed a remark that appellant was under civilian criminal charges when he enlisted. Thereupon, the judge ordered counsel for both sides to obtain evidence on…