United States v. Sales
United States Court of Military Appeals
22 M.J. 305 (1986)
- Written by Salina Kennedy, JD
Facts
Pervin R. Sales, Jr. (defendant) was convicted by general court-martial of committing lewd and lascivious acts and of consensual sodomy. Each offense was punishable by a maximum of five years’ confinement. The military judge, treating each charge separately, instructed the members of the court-martial that Sales was subject to a maximum confinement period of 10 years. The members sentenced Sales to six months’ confinement. The convening authority approved the findings and the sentence. The Court of Military Review found that the convictions were multiplicitous because lewd and lascivious acts is a lesser included offense of consensual sodomy. The court affirmed the conviction for consensual sodomy but reversed the conviction for lewd and lascivious acts. Despite reversing the lewd-and-lascivious-acts conviction, the court determined that Sales’s original sentence remained appropriate. Sales appealed, arguing that the Court of Military Review’s reassessment of his sentence deprived him of the right to have his sentence adjudged by the members of his court-martial.
Rule of Law
Issue
Holding and Reasoning (Everett, C.J.)
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