United States v. Rosalesmorales

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: July 13, 2022
• Docket: 202200062
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, COGLEY, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

David ROSALESMORALES Corporal (E-4), U.S. Marine Corps Appellant

No. 202200062

Decided: 12 July 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Adam M. King

Sentence adjudged 9 November 2021 by a special court-martial con- vened at Camp Foster, Okinawa, Japan consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, con- finement for 210 days, 1 and a bad-conduct discharge.

For Appellant: Lieutenant Daniel E. Grunert, JAGC, USN

1 Appellant was credited with 135 days of pretrial confinement credit. United States v. Rosalesmorales, NMCCA No. 202200062 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, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. 2 However, we note that the Convening Authority’s Action does not accu- rately reflect a summary of the sentence limitations of the plea agreement. The summary states merely that confinement is limited to 90 days. However, the plea agreement limited the sentence for Charge I to 90 days and, also, limited the sentence for Charge II to 120 days, to run consecutively for a total of 210 days. Nevertheless, the Convening Authority’s Action did approve the sentence as adjudged. Although we find no prejudice, Appellant is entitled to have court- martial records that correctly reflect the content of his proceeding. 3 In accord- ance with United States v. Crumpley, 4 we modify the Convening Authority’s Action and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

S. TAYLOR JOHNSTON Acting Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866. 3 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). 4 Id.