United States v. Lillyblad

56 M.J. 636, 2001 CCA LEXIS 297, 2001 WL 1525283
CourtNavy-Marine Corps Court of Criminal Appeals
DecidedNovember 30, 2001
DocketNMCM 200100235
StatusPublished
Cited by1 cases

This text of 56 M.J. 636 (United States v. Lillyblad) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal 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. Lillyblad, 56 M.J. 636, 2001 CCA LEXIS 297, 2001 WL 1525283 (N.M. 2001).

Opinions

FINNIE, Judge:

In accordance with his pleas, the appellant was convicted before a military judge sitting as a special court-martial of unauthorized absence and suffering a prisoner to escape through neglect, in violation of Articles 86 and 96, Uniform Code of Military Justice, 10 U.S.C. §§ 886 and 896. The appellant was sentenced to confinement for 8 months, forfeiture of $600 pay per month for 3 months, and a bad-conduct discharge. The convening authority approved the sentence as adjudged. Pursuant to a pretrial agreement, the convening authority suspended all confinement in excess of 75 days for a period of 12 months from the date of the sentence.

After carefully considering the record of trial, the appellant’s sole assignment of error, and the Government’s response, we conclude that the findings and sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed. Arts. 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a) and 866(c).

The appellant contends that the evidence is legally and factually insufficient to support the finding of guilty for the specification under Charge II of suffering a prisoner to escape through neglect. In support of his assigned error, the appellant asserts that his plea was improvident, because Corporal (Cpl) M was not a “prisoner” within the meaning of Article 96, UCMJ. Manual for Courts-Martial, United States (1998 ed.), Part IV, H 20c(l)(a). The appellant contends that Cpl M was in the appellant’s charge only as a result of an apprehension. Thus, the appellant argues his conviction is not supported, because Cpl M was not confined pursuant to Rule for Courts-Martial 305, Manual for Courts-Martial, United States (1998 ed.). Appellant’s Brief of 10 Apr 2001 at 3-5. We disagree.

Providence Inquiry

During the providence inquiry, in response to the military judge’s questions, the appellant stated that Cpl M was under confinement at the Thai Marine barracks at Camp Samaesan. Cpl M had been apprehended for unauthorized absence by the shore patrol. The appellant understood that Cpl M had been verbally told not to go anywhere. He further described to the military judge that Cpl M was confined in one of the barracks rooms. The doors of this room were wired shut and the appellant had been assigned to sit outside one of the doors to guard it. Master Sergeant (MSgt) Toleafoa had assigned the appellant to guard Cpl M. MSgt Toleafoa later directed that the appellant escort Cpl M to get a haircut. In the course of escorting him to the barbershop, the appellant allowed Cpl M to escape. Record at 26-33.

The military judge explained the elements of the offense to ensure that a factual basis existed for accepting the appellant’s plea. The military judge explained confinement as follows:

“Confinement” is the physical restraint of a person within a confinement facility or under guard or escort after having been placed in a confinement facility. The status of the confinement, once created, continues until the confined individual is released by proper authority.

Record at 21. He further added:

The term “prisoner” refers to a person who is physically restrained because of confinement or custody.1

Record at 21. In explaining the elements of the offense, the military judge used the terms confinement and custody interchangeably. After evidence had been presented on sentencing, the military judge briefly reopened the providence inquiry. The pertinent part of the colloquy between the appellant and the military judge was as follows:

MJ: Private Lillyblad, I believe you told me earlier that [Cpl M] was orally — either orally or in writing, informed that he was in custody; is that right?
ACC: Yes, sir.
MJ: How do you know that?
[638]*638ACC: Well, why else would he be under confinement, sir?
MJ: Have you read the reports or investigations concerning the case?
ACC: Yes, sir.
MJ: Do those reports or investigations state that he was in custody for being in a period of unauthorized absence.
ACC: Yes, sir.

Record at 51-52.

Sufficiency of the Guilty Plea

Acceptance of a plea by the military judge requires a sufficient factual basis for determining whether the acts of the accused constitute the offense to which he is pleading guilty. United States v. Care, 18 C.M.A. 535, 541, 40 C.M.R. 247, 253, 1969 WL 6059 (1969). The military judge may accept the plea if the factual circumstances revealed by the accused objectively support the plea. The standard of review on this issue is whether the record reveals a substantial basis in law and fact for questioning the plea. United States v. Prater, 32 M.J. 433, 436 (C.M.A.1991). A plea of guilty must be rejected if an accused sets up matter inconsistent with the plea. Art. 45, UCMJ, 10 U.S.C. § 845. Notwithstanding, our superior Court has held that Courts of Criminal Appeals are not required to engage in post-trial speculation regarding matters inconsistent with an appellant’s plea. United States v. Grimm, 51 M.J. 254, 257 (1999). The rejection of a guilty plea must overcome the generally applied waiver of the factual issue of guilt inherent in a voluntary plea of guilty. The only exception to the general rule of waiver arises when an error prejudicial to the substantial rights of the appellant occurs. R.C.M. 910©; Art. 59(a), UCMJ.

The appellant relies on paragraph 20c(l)(a) of the Manual for the proposition that an individual must be confined pursuant to R.C.M. 305 to constitute a violation of Article 96, UMCJ, for suffering a prisoner to escape. Although the language in the Manual seeks to define the meaning and ambit of a specific punitive article, it is not conclusively authoritative, but subject to judicial interpretation. United States v. Mance, 26 M.J. 244, 252 (C.M.A.1988). However, in United States v. Davis, 47 M.J. 484, 486 (1998), our superior Court indicated that this Court should adhere to the President’s unambiguous narrow construction when favorable to an accused and not inconsistent with the Code. Notwithstanding, we reject the appellant’s intellectual construct as faulty.

We reach this conclusion for three reasons. First, we interpret paragraph 20c(l)(a) in harmony with Article 96, UCMJ. See 2A Norman J. Singer, Sutherland Statutory Construction § 46.06 (6th ed.2000)(statute should be construed to give effect to all its provisions so no part will be inoperative or superfluous). Article 96, UCMJ, provides:

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Related

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72 M.J. 787 (Navy-Marine Corps Court of Criminal Appeals, 2013)

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Bluebook (online)
56 M.J. 636, 2001 CCA LEXIS 297, 2001 WL 1525283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lillyblad-nmcca-2001.