United States v. Hartsfield

18 C.M.A. 569, 18 USCMA 569, 40 C.M.R. 281, 1969 CMA LEXIS 727, 1969 WL 6069
CourtUnited States Court of Military Appeals
DecidedSeptember 12, 1969
DocketNo. 22,065
StatusPublished
Cited by2 cases

This text of 18 C.M.A. 569 (United States v. Hartsfield) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hartsfield, 18 C.M.A. 569, 18 USCMA 569, 40 C.M.R. 281, 1969 CMA LEXIS 727, 1969 WL 6069 (cma 1969).

Opinions

Opinion of thé Court

Darden, Judge:

Tried for three offenses, the accused entered a plea of guilty to one —wrongfully possessing marihuana cigarettes, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. The inquiry made by the law officer regarding the providency of the guilty plea is comparable' to that found in United States v Care, 18 USCMA 535, 40 CMR 247. The procedure followed in this case would not meet the standard that applies to cases thirty days after' the decision in United States v Care, supra. However, we consider Hartsfield’s plea of guilty providently entered, for, while testifying on the merits, he admitted possessing marihuana at the time and place charged. Thereafter, in mitigation, he again conceded the possession by saying that it had caused hint to get into trouble and that he would never use it again.

Accordingly, the decision of the board of review is affirmed.

Chief Judge Quinn concurs.

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Related

United States v. Bennitt
74 M.J. 125 (Court of Appeals for the Armed Forces, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
18 C.M.A. 569, 18 USCMA 569, 40 C.M.R. 281, 1969 CMA LEXIS 727, 1969 WL 6069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hartsfield-cma-1969.