United States v. Lyles

OPINION OF THE COURT

FOREMAN, Judge:

The appellant was convicted of attempted rape, a one-day absence without leave (AWOL), and escape from confinement, in violation of Articles 80, 86, and 95, Uniform Code of Military Justice, 10 U.S.C. §§ 880, 886, and 895 (1976). His approved sentence provides for a dishonorable discharge, confinement at hard labor for four years, total forfeitures and reduction to Private E-l.

The appellant contends that the military judge erred by failing to dismiss sua sponte the AWOL as multiplicious for findings with the escape. The military judge treated the two…