Typical and Simplest Agreement
Discussion of typical and simplest agreement:
Accused promises to plead guilty; convening authority agrees when case reaches him for review he or she will limit sentence to that specified in agreement. 2. Guilty plea entered. 3. Military judge examines agreement, insures accused understands.
- Sentencing authority (military judge or members) proceeds unaware of limitation in agreement. If announced sentence is lower than agreement, accused gets the lower sentence.
- . RCM 705(b).RCM 705. Pretrial agreements . . . . (b)