United States v. Friborg

8 C.M.A. 515, 8 USCMA 515, 25 C.M.R. 19, 1957 CMA LEXIS 297, 1957 WL 4638

• Court: United States Court of Military Appeals
• Decided: December 20, 1957
• Docket: No. 10,348
• Status: Published

Opinion

Opinion of the Court

PER CURIAM:

The issue in this case is the same as that in United States v Allen, 8 USCMA 504, 25 CMR 8. However, the facts are materially different. The accused was charged with two specifications of larceny. A stipulation, which was received in evidence in conjunction with the accused’s plea of guilty, shows circumstances substantially less aggravating in nature than the facts set out in the statements of the witnesses during the pretrial investigation. The record of previous convictions shows that these offenses were committed within a few days of the accused’s wrongful appropriation of a military vehicle and the making of a false official statement. Finally, the law officer instructed the court-martial that it could consider the plea of guilty itself “as a matter in extenuation and mitigation.”

We conclude from these facts that the accused and his counsel decided advisedly to make no statement and to take a chance on the sentence. We therefore affirm the decision of the board of review.