United States v. Seda
This text of 22 C.M.A. 341 (United States v. Seda) 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.
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Opinion
A previous conviction by summary court-martial at which the accused was sentenced to confinement at hard labor for 30 days is allegedly invalid because the accused was unrepresented by counsel. See United States v Alderman, 22 USCMA 298, 46 CMR 298 (May 26, 1973). It appears that the confinement was suspended and apparently never revoked. Whether a sentence to confinement never actually served because of a satisfied period of probation is subject to constitutional attack as in Alderman need not be answered, for I am satisfied that the evidence of previous conviction did not lead the court-martial to impose a more severe sentence for the larceny and other offenses for which the accused was convicted at this trial. Accordingly, the decision of the Court of Military Review is affirmed.
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22 C.M.A. 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-seda-cma-1973.