Announcement of Sentence. RCM 1007

uscourtmartiallawyers195Sentence worksheet is used to put the sentence in proper form ( See Appendix 11, MCM, Forms of Sentences).

  • President or military judge makes announcement.
    1. United States v. Dodd , 46 M.J. 864 (Army Ct. Crim. App. 1997). Announcement by court-martial president of sentence did not include bad conduct discharge, and court adjourned. When president notified the military judge of incorrect announcement within two minutes of adjournment, judge convened a proceeding in revision to include bad conduct discharge. The Army Court noted that proceeding in revision inappropriate where it increases severity of sentence, no matter how clear that announcement was erroneous. NOTE: Court commends to trial judges practice of enforcing requirement that president mark out all inapplicable language on findings and sentence worksheets, rather than pursuing own means to clarify intended sentence of court.
    2. United States v. Goddard , 47 M.J. 581 (N-M. Ct. Crim. App. 1997). Upon a rehearing the N-M Ct. Crim. App. set aside appellant’s conviction for maltreatment because the evidence was legally and factually insufficient, but affirmed a conviction for the lesser-included offense of a simple disorder, the court then reassessed appellant’s sentence. 54 M.J. 763 (N-M Ct. Crim. App. 2000). In case alleging maltreatment and fraternization, judge, in announcing finding of guilty, stated offense against one victim was “tantamount to rape.” The court noted comments of judge were mere surplusage on findings, but raised concern that the judge may have based sentence on more serious crime of rape, than maltreatment alleged. The ordered a rehearing on sentence.
    3. United States v. Stewart , 62 M.J. 291 (2006). Where a sentence to forfeiture of all pay and allowances is adjudged, such sentence shall run until such time as the servicemember is discharged or returns to a duty status, whichever comes first, unless the sentencing authority expressly provides for partial forfeitures post-confinement.
  • Polling prohibited (MRE 606; RCM 1007(c)).

President or military judge makes announcement.

RCM 1007