United States v. Diaz

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 20, 2019
• Docket: 201900058
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before WOODARD, HITESMAN, and KOVAC, Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Nathaniel J. DIAZ Private First Class (E-2), U.S. Marine Corps Appellant

No. 201900058

Decided: 20 June 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Major John L. Ferriter, USMC. Sentence adjudged 12 December 2018 by a special court-martial convened at Marine Corps Air Ground Combat Center, Twentynine Palms, California, consisting of a military judge sitting alone. Sentence approved by convening au- thority: reduction to E-1, confinement for 4 months, and a bad-conduct discharge.

For Appellant: Captain Kimberly D. Hinson, JAGC, USN.

For Appellee: Brian K. Keller, Esq.

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

_________________________ United States v. Diaz, No. 201900058

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are cor- rect in law and fact and that no error materially prejudicial to the appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. However, we note that the court-martial order (CMO) has a minor typograph- ical error. It incorrectly indicates that the sentence was adjudged on 12 De- cember 2019, as opposed to 12 December 2018. Although we find no prejudice from this scrivener’s error, the appellant is entitled to have court-martial rec- ords that correctly reflect the content of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). Accordingly, we or- der correction of records in this case to accurately reflect the date the sen- tence was adjudged. The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court