United States v. Holmes

OPINION OF THE COURT

HANFT, Judge:

During the guilty-plea inquiry in this general court-martial, the trial judge failed to advise the defendant that he was subject to a fine in addition to total forfeitures. Nonetheless, the sentence imposed by the judge included both a fine and total forfeitures which were approved by the convening authority. This was error. While the incomplete advice did not invalidate the plea of guilty, “before both total forfeitures and a fine can be approved the appellant must have been advised during the [guilty-plea] inquiry that his pecuniary loss could exceed the…