United States v. SANTOS

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 11, 2024
• Docket: 202400067
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KISOR, FLUHR, and MIZER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Patricia A. SANTOS Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202400067

Decided: 11 June 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Adam M. King (arraignment) Benjamin C. Robertson (motions) Benjamin B. Garcia (trial)

Sentence adjudged 8 November 2023 by a special court-martial con- vened at Marine Corps Base Camp Foster, Okinawa, Japan, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 90 days and a bad-conduct discharge. 1

For Appellant: Kimberly D. Hinson

1 The military judge recommended 45 days of confinement be suspended for a pe-

riod of six months. R. at 222. The convening authority concurred and suspended 45 days of confinement for a period of six months. Convening Authority’s Action at 2. United States v. Santos, NMCCA No. 202400067 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 correctly identify the charge and specifications to which Appellant pleaded guilty and fails to include the reduction in grade imposed by the military judge. 3 Although we find no prejudice, Appellant is entitled to have court-martial records that cor- rectly reflect the content of her proceeding. 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 11 of the Entry of Judgment (incorrectly referring to “Charge I,” rather

than “the Charge”) and Block 12 of the Entry of Judgment (again incorrectly referring to “Charge I,” rather than “the Charge” in two instances, and incorrectly referring to the second specification as “Specification 1” rather than “Specification 2”). We appre- ciate Appellate Defense Counsel’s attention to detail in identifying these matters. In addition, Block 12 of the Entry of Judgment does not refer to the reduction in grade to E-1 at all. 4 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 UNITED STATES NMCCA NO. 202400067

v. ENTRY OF Patricia A. SANTOS JUDGMENT Lance Corporal (E-3) U.S. Marine Corps As Modified on Appeal Accused 11 June 2024

On 8 November 2023, the Accused was tried at Camp Foster, Okinawa, Japan, by a special court-martial, consisting of a military judge sitting alone. Military Judge Benjamin B. Garcia presided.

FINDINGS

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

Charge: Violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a. Plea: Guilty. Finding: Guilty.

Specification 1: Wrongful Use of a Controlled Substance on or about 14 August 2022. Plea: Guilty. Finding: Guilty.

Specification 2: Wrongful Distribution of a Controlled Substance on or about 14 August 2022. Plea: Guilty. Finding: Guilty. United States v. Santos, NMCCA No. 202400067 Modified Entry of Judgment

SENTENCE

On 8 November 2023, a military judge sentenced the Accused to the follow- ing: Reduction to pay grade E-1. For Specification 1 of the Charge: confinement for 30 days. For Specification 2 of the Charge: confinement for 90 days. The terms of confinement will run concurrently. Confinement for a total of 90 days. A bad-conduct discharge.