United States v. Privette

DECISION

KASTL, Senior Judge:

Based upon United States v. Partyka, 30 M.J. 242 (C.M.A.1990), we hold today that the prosecution introduced improper matters in rebuttal during a sentencing proceeding. We find error and reassess.

I

Staff Sergeant Privette was convicted in accordance with his pleas of wrongful use of marijuana, in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. His sentence is a bad conduct discharge, confinement for four months, and reduction to airman.

He now argues that the military judge erred when he permitted trial counsel to bootleg improper rebuttal into a presentencing…