United States v. Whelehan

10 M.J. 566, 1980 CMR LEXIS 497
CourtU S Air Force Court of Military Review
DecidedOctober 17, 1980
DocketACM S24975
StatusPublished
Cited by1 cases

This text of 10 M.J. 566 (United States v. Whelehan) is published on Counsel Stack Legal Research, covering U S Air Force Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Whelehan, 10 M.J. 566, 1980 CMR LEXIS 497 (usafctmilrev 1980).

Opinion

DECISION

MILES, Judge:

Due to the accused’s misunderstanding as to the possible relevance of intoxication as a defense, we hold the military judge erred in accepting accused’s plea of guilty to the offense of willful damage to military property without further inquiry. We affirm findings of guilty to the lesser included offense of damaging military property, through neglect, and reassess the sentence.

Consistent with his pleas, the accused was convicted of violation of a general regulation, willful damage to military property and drunk and disorderly in station, violations of Articles 92, 108 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 892, 908, 934. The approved sentence extends to a bad conduct discharge, confinement at hard labor for one month and twenty-two days and forfeiture of $299.00 per month for six months.

Appellate defense counsel assert that accused’s plea to willful destruction of government property was improvident because the accused said he was drunk and could not remember committing the offense. We agree the plea was improvident, but not precisely for that reason.

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Related

United States v. Rios
24 M.J. 515 (U S Air Force Court of Military Review, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
10 M.J. 566, 1980 CMR LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-whelehan-usafctmilrev-1980.