United States v. Saxon

CEDARBURG, Chief Judge:

A practice condemned in prior opinions of this Court results in prejudice to appellant requiring the setting aside of the sentence in this case. United States v. Slubowski, 5 M.J. 882 (N.C.M.R.1978); United States v. Allen, No. 78 0009 (N.C.M.R. 24 Aug. 1978); United States v. Bowles, 7 M.J. 591 (N.C.M.R.1979).

Appellant pleaded guilty at an Article 39(a), 10 U.S.C. § 839(a) hearing before a military judge to voluntary manslaughter, lesser included in a charge of unpremeditated murder, wrongful appropriation of a pickup truck, and unauthorized absence, in violation of…