Findings Entered Upon Acceptance of Plea
Overview of the findings entered upon acceptance of plea:
Ordinarily, a military judge will enter findings upon acceptance of the accused’s guilty plea, but not if the trial counsel intends to “prove up” a greater offense.
See United States v. Baker , 28 M.J. 900 (A.C.M.R. 1989) (military judge who knew that trial counsel intended to prove rape improperly entered findings pursuant to pleas of guilty to lesser included offense of carnal knowledge).