United States v. Searcy

OPINION OF THE COURT

COKER, Senior Judge:

Appellant was tried by a military judge sitting as a special court-martial. He was convicted, contrary to his plea, of aggravated assault upon a noncommissioned officer (NCO) in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 (1982) [hereinafter UCMJ]. He was acquitted of two related charges, disrespect to the same NCO and a failure to go to his appointed place of duty. In an unrelated charge, appellant was convicted, in accordance with his plea, of larceny of a ring in violation of Article 121, UCMJ, 10 U.S.C. § 921. He was…