United States v. Resch

Judge BAKER

delivered the opinion of the Court.

Appellant was tried by a military judge sitting alone as a special court-martial. In accordance with his pleas, he was convicted of larceny and breaking restriction, in violation of Articles 121 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 921, 934 (2000). Appellant pleaded guilty to an unauthorized absence, but was convicted contrary to his plea of the greater offense of desertion, in violation of Article 85, UCMJ, 10 U.S.C. § 885 (2000). The adjudged and approved sentence included confinement for 150 days and a bad-conduct…