U.S. v. Bennitt, 74 M.J. 125

First Principles: Constitutional Matters: Generally

1. an accused has a right to be tried and heard on the specific charges of which he is accused

Trial Stages: Pretrial: Charges and Specifications

1. an accused has a right to be tried and heard on the specific charges of which he is accused

Trial Stages: Appeals: Generally

1. an appellate court may not affirm an included offense on a theory not presented to the trier of fact

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. though it has significant factfinding powers under Article 66, UCMJ, a CCA is not free to revise the basis on which an accused is convicted simply because the same result would likely obtain on retrial
2. the CCA can affirm only such findings of guilty as it finds correct in law and fact, and cannot find as fact any allegation in a specification for which the factfinder below has found the accused not guilty
3. after appellant’s conviction for involuntary manslaughter was set aside and dismissed as legally insufficient, the CCA reassessed appellant’s sentence and reimposed the same sentence appellant had received before his appeal; the CCA explained that evidence of the victim’s death was admissible aggravation evidence because appellant’s conviction of oxymorphone distribution on divers occasions included distribution of the drug to the deceased victim; however, the CCA erred as a matter of law in stating that appellant was convicted of distribution to deceased victim as part of his distribution conviction; while the CCA enjoys broad discretion in reassessing a sentence, it cannot base its reassessment on an erroneous statement of law; therefore the decision of the CCA must be reversed and remanded for sentence reassessment or a sentence rehearing

Trial Stages: Appeals: Courts of Criminal Appeals › Factual sufficiency

1. though it has significant factfinding powers under Article 66, UCMJ, a CCA is not free to revise the basis on which an accused is convicted simply because the same result would likely obtain on retrial
2. the CCA can affirm only such findings of guilty as it finds correct in law and fact, and cannot find as fact any allegation in a specification for which the factfinder below has found the accused not guilty

Trial Stages: Appeals: Courts of Criminal Appeals › Sentence appropriateness

1. while the CCA enjoys broad discretion in reassessing a sentence, it cannot base its reassessment on an erroneous statement of law
2. after appellant’s conviction for involuntary manslaughter was set aside and dismissed as legally insufficient, the CCA reassessed appellant’s sentence and reimposed the same sentence appellant had received before his appeal; the CCA explained that evidence of the victim’s death was admissible aggravation evidence because appellant’s conviction of oxymorphone distribution on divers occasions included distribution of the drug to the deceased victim; however, the CCA erred as a matter of law in stating that appellant was convicted of distribution to deceased victim as part of his distribution conviction; while the CCA enjoys broad discretion in reassessing a sentence, it cannot base its reassessment on an erroneous statement of law; therefore the decision of the CCA must be reversed and remanded for sentence reassessment or a sentence rehearing

Trial Stages: Appeals: Remedies › Sentence reassessment

1. while the CCA enjoys broad discretion in reassessing a sentence, it cannot base its reassessment on an erroneous statement of law
2. after appellant’s conviction for involuntary manslaughter was set aside and dismissed as legally insufficient, the CCA reassessed appellant’s sentence and reimposed the same sentence appellant had received before his appeal; the CCA explained that evidence of the victim’s death was admissible aggravation evidence because appellant’s conviction of oxymorphone distribution on divers occasions included distribution of the drug to the deceased victim; however, the CCA erred as a matter of law in stating that appellant was convicted of distribution to deceased victim as part of his distribution conviction; while the CCA enjoys broad discretion in reassessing a sentence, it cannot base its reassessment on an erroneous statement of law; therefore the decision of the CCA must be reversed and remanded for sentence reassessment or a sentence rehearing

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Lesser Included Offenses

1. an appellate court may not affirm an included offense on a theory not presented to the trier of fact