United States v. SIMON

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: May 16, 2025
• Docket: 202400241
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GROSS, GERRITY, and de GROOT Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Kodi G. SIMON Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202400241

Decided: 16 May 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Adam K. Workman

Sentence adjudged 23 February 2024 by a special court-martial con- vened at Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-3, con- finement for twelve months, and a bad-conduct discharge. United States v. Simon, NMCCA No. 202400241 Opinion of the Court

For Appellant: Lieutenant Benjamin M. Cook, JAGC, USN

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. 1 However, we note that the Entry of Judgment does not correctly reflect the convening authority’s 25 April 2024 clemency action to suspend confinement in excess of nine months for a period of six months pursuant to the recommen- dation of the military judge. Although we find no prejudice, Appellant is enti- tled to have court-martial records that correctly reflect the content of his pro- ceeding. 2 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

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

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

2 UNITED STATES NMCCA NO. 202400241

v. ENTRY OF Kodi G. SIMON JUDGMENT Staff Sergeant (E-6) U.S. Marine Corps As Modified on Appeal Accused 16 May 2025

On 23 February 2024, the Accused was tried at Naval Station Norfolk, Vir- ginia, by a special court-martial, consisting of a military judge sitting alone. Military Judge Adam K. Workman 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 I: Violation of Article 119b, Uniform Code of Military Justice, 10 U.S.C. § 919b. Plea: Guilty. Finding: Guilty.

Specification: Child Endangerment by Culpable Negligence Resulting in Grievous Bodily Harm on or about 27 November 2022. Plea: Guilty. Finding: Guilty. United States v. Simon, NMCCA No. 202400241 Modified Entry of Judgment

Charge II: Violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification: Negligent Homicide on or about 27 November 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Additional Charge: Violation of Article 119, Uniform Code of Military Justice, 10 U.S.C. § 919. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification: Involuntary Manslaughter of a Child Under the Age of 16 on or About 27 November 2022. Plea: Not Guilty Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

SENTENCE

On 23 February 2024, a military judge sentenced Staff Sergeant Simon to the following: Reduction to pay grade E-3. Confinement for a total of 12 months. A bad-conduct discharge. On 25 April 2024, pursuant to the plea agreement, the convening authority approved Staff Sergeant Simon’s request to defer and waive automatic forfei- tures pursuant to Articles 57 and 58b, UCMJ. The period of the deferment will run from the date on which automatic forfeiture of pay and allowances become effective until Entry of Judgment, and the period of waiver will run for six (6) months from the date of the Entry of Judgment.

2 United States v. Simon, NMCCA No. 202400241 Modified Entry of Judgment

In accordance with Rule for Courts-Martial 1110, pursuant to the recom- mendation of the military judge, the convening authority suspended all con- finement in excess of nine (9) months for a period of six (6) months. The convening authority took no further action on the sentence.