United States v. Barton

60 M.J. 62, 2004 CAAF LEXIS 606, 2004 WL 1443943
CourtCourt of Appeals for the Armed Forces
DecidedJune 28, 2004
Docket03-0272/NA
StatusPublished
Cited by47 cases

This text of 60 M.J. 62 (United States v. Barton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Barton, 60 M.J. 62, 2004 CAAF LEXIS 606, 2004 WL 1443943 (Ark. 2004).

Opinions

Judge BAKER

delivered the opinion of the Court.

On August 4, 2000, at Okinawa, Japan, Appellant was tried by a general court-martial composed of a military judge alone. Consistent with his pleas, Appellant was convicted of three specifications of conspiracy to commit larceny, two specifications of failure to obey a lawful general order, three specifications of larceny, and four specifications of housebreaking, in violation of Articles 81, 92, 121, and 130, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 881, 892, 921, and 930 (2000), respectively. He was sentenced to a bad-conduct discharge, [63]*63confinement for two years, total forfeiture of all pay and allowances, and reduction to the lowest enlisted grade. On April 5, 2001, in accordance with a pretrial agreement, the convening authority approved the sentence but suspended all confinement in excess of twelve months. On October 31, 2002, the Navy-Marine Corps Court of Criminal Appeals affirmed the findings of guilty and the sentence in an unpublished opinion. United States v. Barton, NMCM 200100732 (N.M.Ct.Crim.App.2002).

This Court granted review of the following issue:

WHETHER THE LOWER COURT ERRED IN FINDING APPELLANT’S PLEA OF GUILTY TO SPECIFICATION 2 OF CHARGE I PROVIDENT WHERE THE MILITARY JUDGE FAILED TO ELICIT A FACTUAL BASIS FROM THE ACCUSED THAT THE OBJECT OF THE CONSPIRACY WAS LARCENY OF MERCHANDISE OF A VALUE OF MORE THAN $100 (AS OPPOSED TO LARCENY OF MERCHANDISE OF SOME VALUE).

Facts

The stipulated facts pertinent to the granted issue reveal that Appellant and several other enlisted men engaged in a series of break-ins at Kadena Air Force Base and Camp Hansen on the island of Okinawa. Two of these break-ins included the Power-zone, an electronics store on Camp Hansen. On June 21, 2000, Appellant along with two other enlisted men broke into the Powerzone with the intent to steal merchandise. The theft was unsuccessful, however, since one of the internal building doors was locked. Appellant and his co-conspirators returned to the Powerzone on June 22, 2000, broke in, and stole approximately $10,000 worth of electronic equipment including watches, camcorders, compact discs, video games, and DVDs.

These events gave rise to Charge I, which contained three specifications of conspiracy. Each of the three specifications alleged that the object of the conspiracy was larceny of goods with a value in excess $100. Prior to explaining each of the offenses, the judge requested that Appellant keep the charge sheet in front of him so Appellant could “follow along on your copy of the charge sheet as I list the elements of the offenses for you.” During the Care inquiry of Charge I, Specification 1, the judge defined and explained the four elements of larceny as they pertained to Appellant’s specification, including the required dollar amount. See United States v. Care, 18 C.M.A. 535, 40 C.M.R. 247 (1969). After describing the elements involved in Specification 1, the judge asked Appellant, “Do you understand the elements of the offense of larceny[?]” Appellant responded, “Yes, sir.” The judge further questioned Appellant about the elements.

Numerous specifications on this charge sheet would normally require me to advise you again and again of the crime—the elements of the crime of larceny and the definitions associated with that crime. In the interest of time, we could dispense with me reading that to you over and over again if you can assure me that you understand the elements of the crime of larceny and the definitions that I have given you. Do you understand all of those elements for sure and those definitions?

At the completion of the judge’s question, Appellant once again responded, “Yes, sir.” The judge also advised Appellant that if he got confused about any of the elements or definitions he should stop the judge.

The military judge asked Appellant if he would like to have the elements of larceny restated prior to his inquiry with respect to Specification 2, which concerned the alleged conspiracy to commit larceny of goods with a value in excess of $100 from Powerzone on June 21, 2000. The judge noted, “The only difference between that set of elements that I gave you earlier and the elements that apply to this offense is the owner of the property alleged. In this specification, the owner of the property is alleged to be the Power Zone (sic).” At that time, Appellant once again acknowledged that he understood the elements of larceny as they applied to his case. The same procedure was followed regarding the third specification of conspiracy [64]*64in Charge I, which resulted in the larceny of goods valued over $10,000 from Powerzone. At the close of the Care inquiry, the judge ultimately asked Appellant whether Appellant believed and admitted that “taken together” the elements, stipulation of fact, and the Care discussion described what Appellant had done “on each occasion?” Appellant responded, ‘Yes, Sir.”

Appellant argues that his plea to Specification 2 of Charge 1 lacks a factual basis substantiating each element of the offense. In particular, Appellant argues that nowhere in the Care inquiry did he admit to conspiring to steal property of a value more than $100 on June 21, 2000. Nor can such a factual predicate be inferred from the elements of other offenses for which Appellant was charged and to which he providently pleaded. According to Appellant, the fact that he stole $10,000 in merchandise from the store on June 22, 2000, does not establish that he conspired to steal over $100 in merchandise from the same store one day earlier. In short, a plea must stand on its own four legs, with a factual basis for each element of each offense.

The Government responds that the record as a whole establishes each element of the offense. Further, there is nothing in the record that suggests Appellant’s plea to this offense was not knowing, voluntary, or complete. Appellant understood the value of the merchandise in question and admitted to this element of the offense. Thus, the purpose of Care and its progeny are satisfied.

Discussion

“[A] guilty plea is an admission of all the elements of a formal criminal charge[.]” Id. at 539, 40 C.M.R. at 251 (quoting McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969)). Therefore, before accepting a guilty plea, a military judge must explain the elements of the offense and ensure that a factual basis for each element exists. United States v. Faircloth, 45 M.J. 172, 174 (C.A.A.F.1996). “It is not enough to elicit legal conclusions. The military judge must elicit facts to support the plea of guilty.” United States v. Jordan, 57 M.J. 236, 238 (C.A.A.F.2002)(citing United States v. Outhier, 45 M.J. 326, 331 (C.A.A.F.1996)). This factual predicate is sufficiently established if “the factual circumstances as revealed by the accused himself objectively support that plea____” United States v. Davenport, 9 M.J. 364, 367 (C.M.A.1980).

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Cite This Page — Counsel Stack

Bluebook (online)
60 M.J. 62, 2004 CAAF LEXIS 606, 2004 WL 1443943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-barton-armfor-2004.