United States v. NAJERA

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 26, 2024
• Docket: 202300276
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HACKEL, KIRKBY, and GROSS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Florencio J. NAJERA Aviation Electrician’s Mate Second Class Petty Officer (E-5), U.S. Navy Appellant

No. 202300276

Decided: 26 January 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Kimberly J. Kelly

Sentence adjudged 13 July 2023 by a special court-martial convened at Naval Air Station Jacksonville, Florida, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-3, con- finement for forty-one days, 1 and a bad-conduct discharge.

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

1 Appellant was credited with 41 days of pretrial confinement. United States v. Najera, NMCCA No. 202300276 Opinion of the Court

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

PER CURIAM: After careful consideration of the record, submitted without assignment of error, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 2 However, we note that the Entry of Judgment does not reflect the correct type of special court-martial. 3 Although we find no prejudice, Appellant is en- titled to have court-martial records that correctly reflect the content of his pro- ceeding. 4 In accordance with Rule for Courts-Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.

3 See Block 8 of the Entry of Judgment.

4 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 UNITED STATES NMCCA NO. 202300276

v. ENTRY OF Florencio J. NAJERA JUDGMENT Aviation Electrician’s Mate Second Class Petty Officer (E-5) As Modified on Appeal U.S. Navy Accused 26 January 2024

On 13 July 2023, the Accused was tried at Naval Air Station Jacksonville, Florida, by a special court-martial, consisting of a military judge sitting alone. Military Judge Kimberly J. Kelly presided.

FINDINGS

The following are the Accused’s pleas and the Court’s findings to all offenses the convening authority referred to trial:

Charge: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty. Finding: Guilty.

Specification: Violent Offense – Assault consummated by a battery on or about 8 April 2023. Plea: Guilty. Finding: Guilty.

SENTENCE

On 13 July 2023, a military judge sentenced the Accused to the following (as mod- ified, if at all, during any post-trial action): Reduction to pay grade E-3. Confinement for a total of 41 days. United States v. Najera, NMCCA No. 202300276 Modified Entry of Judgment

A bad-conduct discharge. The Accused has served 41 days pretrial confinement and shall be credited with 41 days of confinement already served, to be deducted from the adjudged sentence to confinement.