United States v. Yanez

OPINION OF THE COURT

FOREMAN, Judge:

In accordance with his pleas, the appellant was convicted of two specifications of absence without leave, in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886 (1976). His approved sentence provides for a bad-conduct discharge, confinement at hard labor for five months and forfeiture of $380.00 pay per month for five months.

During the sentencing hearing, the trial counsel offered a summary court-martial promulgating order as proof of a previous conviction. The defense counsel objected on the ground that the order failed to establish…