United States v. Miller

BAUM, Chief Judge:

Appellant was tried by Special Court-Martial judge alone. He was charged with one specification of unauthorized absence for 29 days in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886 and one specification of desertion in violation of Article 85, Uniform Code of Military Justice, 10 U.S.C. § 885. Appellant pled not guilty to desertion, but guilty to the lesser included offense of unauthorized absence for over two years and guilty to the separate unauthorized absence of 29 days. Notwithstanding his plea, appellant was convicted of desertion. He also…