Court-Martial Trial Practice Blog
No. 19-0467/AR. U.S. v. Charles E. Robinson III. CCA 20170536. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the sentence affirmed by the lower court appears not to conform to the terms of the pretrial agreement. In accordance with C.A.A.F. Rule 30A, it is appropriate for the Court of Criminal Appeals to consider this issue initially. Accordingly, it is ordered that said petition is granted on the following specified issue:
WHETHER THE CCA ERRED IN AFFIRMING A SENTENCE TO CONFINEMENT FOR LIFE WITHOUT PAROLE WHERE THE PTA PROVIDED THAT THE CONVENING AUTHORITY WOULD DISAPPROVE ALL CONFINEMENT IN EXCESS OF 25 YEARS.
The decision of the United States Army Court of Criminal Appeals is affirmed as to findings but set aside as to sentence. The case is returned to the Judge Advocate General for remand to the Court of Criminal Appeals for further review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866 (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012) shall apply.