United States v. Simmons

OPINION OF THE COURT

HEIMBURG, Senior Judge:

Pursuant to his pleas, the appellant was convicted of five specifications of assault and one specification of kidnapping, all against his wife, Kathleen, in violation of Articles 128 and 134, UCMJ, 10 U.S.C. §§ 928, 934 (1988). The approved sentence is a bad-conduct discharge, 3 years confinement, and forfeiture of all pay and allowances.

The appellant raises three issues before us. We find that the military judge erred in refusing to allow evidence of a prior state court conviction arising out of the same acts, but find no substantial prejudice to…