United States v. Gutierrez

OPINION OF THE COURT

JOHNSON, Senior Judge:

A general court-martial composed of officer and enlisted members convicted appellant, contrary to his pleas, of assault consummated by a battery in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a bad-conduct discharge and confinement for two months.

The ease is before the court for automatic review pursuant to Article 66, UCMJ, 10 U.S.C. § 866. On 4 May 2005, the court specified the following issue:

WHETHER THE MILITARY JUDGE ERRED IN FAILING TO…