United States v. Stark

DECISION

MILLER, Judge:

Tried before a special court-martial, military judge sitting alone, the accused was convicted pursuant to his pleas of possessing, distributing, and using marihuana in violation of U.C.M.J., Article 134, 10 U.S.C. § 934. His approved sentence consists of a bad conduct discharge, confinement at hard *779labor for 75 days, and reduction to airman first class.

We address but one of three errors * assigned by appellate defense counsel, to wit:

THE JUDGE ERRED IN PERMITTING REBUTTAL TESTIMONY WHICH INTRODUCED UNCHARGED MISCONDUCT DURING THE SENTENCING PHASE.

Following findings, the…