United States v. Santiago-Vargas

Opinion of the Court

COOK, Judge:

Appellant was tried by a general court-martial consisting of a military judge alone for assault with intent to commit murder, attempted murder, and escape from lawful custody, in violation of Articles 134, 80, and 95, Uniform Code of Military Justice, 10 U.S.C. §§ 934, 880, and 895, respectively. The offense of attempted murder was dismissed by the military judge and appellant was found not guilty of escape from lawful custody. However, as to the remaining offense, the appellant, contrary to his pleas, was found guilty of the lesser included offense of assault…