offense and other contested lesser[-]included offenses, then they must enter a finding of guilty to the lesser[-]included offense to which the accused [pleaded] guilty.” United States v. Baker, 28 M.J. 900, 901 (A.C.M.R.1989); R.C.M. 910(g)(2); ' R.C.M. 913(a); R.C.M. 920(e) discussion. If the military judge accepts an accused’s plea to a lesser-included offense, that guilty plea “may be used to establish ‘facts and elements common to both the greater and lesser offense within the same specification.’ ” United States v. Grijalva, 55 M.J. 223, 228 (C.A.A.F.2001) (quoting Darrell, 18 C.M.R. at 425-26). An accused’s plea of guilty fulfills the elements of a lesser offense that can then be used to prove common elements of a greater offense to which the accused has pleaded not guilty. Id. (<HOLDING>). The military judge in a judge-alone trial,
holding military judge did not err by considering appellants admissions concerning the elements of the lesserincluded offense of aggravated assault in determining appellant was guilty of the greater offense of attempted premeditated murder holding that reckless conduct was lesserincluded offense of aggravated assault by threatening another with imminent bodily injury by use of deadly weapon because the danger of serious bodily injury in the lesser offense is necessarily established when a deadly weapon is used in the commission of an offense as required for the greater offense holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error holding that appellate counsel was ineffective in failing to argue based on the first districts decision in montgomery that the standard attempted manslaughterbyact instruction was fundamentally erroneous where betts was charged with attempted firstdegree premeditated murder and convicted of the necessary lesserincluded offense of attempted seconddegree murder holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense