United States v. Wiggins

JONES, Senior Judge:

The issue presented for our resolution is as follows:

ABSENT A FACTUAL BASIS ESTABLISHING THAT APPELLANT WAS FOUND SLEEPING ON POST, WERE HIS PLEAS OF GUILTY TO CHARGE III AND ITS SPECIFICATION PROPERLY ACCEPTED BY THE MILITARY JUDGE? 1

*598The Court specified this issue based upon the following exchange during the providence inquiry:

MJ: Now, at 0345 on 11 October 1990, were you found sleeping on post?

ACC: Sir, what happened exactly with the fire watch, at 0345 this PFC [appellant] was supposed to wake the next fire watch up. This PFC [appellant] took a seat on two foot lockers…