United States v. Grostefon

Opinion of the Court COOK, Judge:

The accused was tried by special court-martial on November 6 and 7,1980, and was convicted, despite his pleas, of wrongfully possessing marihuana and wrongfully introducing marihuana into a military installation, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The adjudged and approved sentence extends to a bad-conduct discharge, confinement at hard labor for 3 months, forfeiture of $334 pay per month for 6 months, and reduction to airman basic.

On December 10, 1980, the accused executed a request for appellate representation and requested his appellate defense counsel “to urge in my behalf all errors or other matters which he may discover from the record of trial and accompanying papers, together with the errors and other matters listed below.” Listed on the accused’s Request for Appellate Defense Counsel (AF Form 304) were the following assertions: a. The Trial Court erred in refusing to grant the Defendant’s Motion to Suppress. b. The Trial Court erred in refusing to grant the Defendant’s Motion for a Finding of Not Guilty. c. The Trial Court erred in admitting prosecution exhibits 14 and 15. d. The Trial Court erred in finding the defendant guilty of the specifications and the charge.