United States v. Elmore

OPINION

COOK, Judge:

Pursuant to a pretrial agreement with the convening authority, the accused pleaded guilty to, and was convicted of, aggravated assault in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928. Upon review, the U.S. Army Court of Military Review set aside the findings and sentence on the ground the agreement was contrary to public policy because it contained a self-canceling provision that became operative if the accused failed to enter a plea of guilty “prior to presentation of evidence on the merits.” Under the authority granted by Article 67(b)(2),…