United States v. Dorothy

DECISION

HEMINGWAY, Senior Judge:

Contrary to his pleas, the accused was found guilty, by a military judge sitting without members, of involuntary manslaughter and drunk driving, in violation of Articles 119 and 111, U.C.M.J., 10 U.S.C. §§ 919, 911. His approved sentence extends to a bad conduct discharge (suspended), confinement at hard labor for seven months, total forfeitures and reduction to airman basic.

At trial, the accused urged the military judge to consider the drunk driving offense as multiplicious, for sentencing purposes, with the involuntary manslaughter offense. The military judge…