United States v. Fitzgerald

Opinion of the Court

CRAWFORD, Judge:

Contrary to his pleas, appellant was convicted at Lajes Field, Azores, Portugal, of sodomy with a child (2 specifications) and of committing indecent acts with a child, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934, respectively. The convening authority approved the sentence of a dishonorable discharge, confinement for 5 years and 3 months, and reduction to senior airman. The Court of Criminal Appeals affirmed the findings and sentence. We granted review of the following issue:

WHETHER THE MILITARY JUDGE…