United States v. Miller

WILLEVER, Judge:

Voluntary abandonment is not an affirmative defense to attempted criminal conduct where the actor’s purposes were frustrated by external forces, such as fear of immediate detection or apprehension. See United States v. Byrd, 24 M.J. 286 (C.M.A.1987); United States v. Walther, 30 M.J. 829 (NMCMR 1990). Appellate defense counsel assigns the following error:

THE MILITARY JUDGE IMPROPERLY ACCEPTED APPELLANT’S PLEA OF GUILTY TO ADDITIONAL CHARGE I, AS APPELLANT’S STATEMENTS DURING THE PROVIDENCE INQUIRY, "I JUST WALKED PASSED [sic] IT ... AND DIDN’T GO,” “I RECOGNIZED SOMEONE AND…