United States v. Dodd

OPINION OF THE COURT

KAPLAN, Judge.

A special court-martial composed of officer and enlisted members convicted the appellant, contrary to his pleas, of assault with a means likely to produce death or inflict grievous bodily harm [hereinafter aggravated assault] and assault and battery in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 (1988) [hereinafter UCMJ]. The convening authority approved the ultimately adjudged sentence of a bad-conduct discharge, confinement for three months, forfeiture of $588.00 per month for three months, and reduction to Private El.

This…