United States v. Smith

DECISION

MILES, Judge:

We hold improvident accused’s plea to the offense of dishonorable failure to pay a just debt, dismiss that charge and reassess the *780sentence on the basis of the remaining offenses.

Consistent with his pleas, accused was convicted of eight specifications of drawing checks without sufficient funds, dishonorable failure to pay a debt and failure to repair, in violation of Articles 123a, 134 and 86, Uniform Code of Military Justice, 10 U.S.C.A. §§ 923a, 934, 886. The approved sentence extends to a bad conduct discharge (suspended), confinement at hard labor for three months,…