Entering Findings

Overview of entering findings:

entering findingsTypically, the military judge will enter findings immediately after acceptance of a plea. RCM 910(g). However, where the accused pleads guilty to a lesser included offense and the prosecution intends to go forward on the contested charge:

(1) the military judge should not enter findings after the accused pleads pursuant to RCM 910(g)(2); and

(2) prior to commencement of trial on the merits, military judge will instruct the members that they should “accept as proved the matters admitted in the plea, but must determine whether the remaining elements are established” pursuant to RCM 920(e) Discussion.