No. 09-0185/AR. U.S. v. Makisha I. MORTON. CCA 20060458. Review granted on the following issue:
WHETHER, AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING OF GUILTY TO THE ADDITIONAL CHARGE AND ITS SPECIFICATION (FORGERY), THE ARMY COURT ERRED IN FINDING APPELLANT GUILTY OF A LESSER INCLUDED OFFENSE ON A THEORY NOT PRESENTED TO THE TRIER OF FACT.
The court might consider the resolution in United States v. Thompson, 67 M.J. 106 (C.A.A.F. 2009).