United States v. Mosley

DECISION

In his sole assignment of error, appellant argues that the military judge erred by allowing the trial defense counsel to argue for a punitive discharge without ensuring on the record that the accused specifically concurred in such argument. Disagreeing, we affirm.

Tried by a military judge sitting alone, the accused was found guilty of various offenses under Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. He was correctly advised of his rights in allocution. Subsequently, the defense counsel indicated that the accused “has concluded that a bad conduct discharge would be…