United States v. Greene

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 25, 2019
• Docket: 201800285
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Austin S. GREENE Machinist Mate Fireman Recruit (E-1), U.S. Navy Appellant _________________________

No. 201800285 _________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary Decided: 25 January 2019 _________________________

Military Judge: Commander Stephen Reyes, JAGC, USN Approved Sentence: Confinement for six months, and a bad-conduct discharge. Sentence adjudged 8 June 2018 by a special court-martial convened at Fleet Activity Yokosuka, Japan, consisting of a military judge sitting alone. For Appellant: Commander R. D. Evans, Jr., 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). _________________________

Before HUTCHISON, TANG, and LAWRENCE Appellate Military Judges United States v. Greene, No. 201800285

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 Appellant’s substantial rights occurred. Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). However, we note that the court-martial order (CMO) does not accurately reflect that Specification 1 of Charge I alleged an attempted sexu- al assault of a child vice an attempted sexual abuse of a child. Although we find no prejudice from this scrivener’s error regarding a specification that was withdrawn and dismissed, the appellant is entitled to have court-martial records that correctly reflect the results of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). Accordingly, the con- vening authority shall issue a supplemental CMO correctly reflecting the of- fense alleged in Specification 1 of Charge I. The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court