United States v. Jones

I do not concur.

I find that appellant’s guilty plea was predicated on a substantial misunderstanding as to the maximum punishment to which he was subjected and, therefore, would hold that his plea was improvident. United States v. Harden, 1 M.J. 258 (1976). While an inquiry posed to appellant by the judge at trial might have elicited a response clearly indicating that appellant was willing to plead guilty regardless of the ultimate decision as to the legal maximum sentence (see United States v. Frangoules, 1 M.J. 467 (1976); United States v. Harden, supra; United States v. Kleinhans, 14…