United States v. Thompson

OPINION OF THE COURT

VARO, Judge:

Pursuant to his pleas, appellant was found guilty by a military judge sitting as a general court-martial of larceny and two specifications of burglary in violation of Articles 121 and 129, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 921 and 929 (1982), respectively.

Appellant contends that his guilty plea to the second burglary was improvident as to burglary, but provident only to the lesser included offense of housebreaking because there is no factual basis for the element of “breaking.” Manual for Courts-Martial, United States, 1984…