United States v. Gonzalez

1. This is our second consideration of appellant’s case.1 In our prior decision we returned the record of trial to the Judge Advocate General of the Navy for further proceedings to determine whether appellant was competent to participate in his appeal. 31 MJ 433 (1990) (summary disposition). Pursuant to the order of the court below, the military judge who presided over appellant’s original trial held a limited factfinding hearing and concluded that appellant was competent.

*3742. However, after announcing his findings as to appellant’s mental status, he made the following observation:

I will state…