United States v. TREVINO

Opinion

This opinion is subject to administrative correction before final disposition.

Before

de GROOT, THORNHILL, and DAVIS Appellate Military Judges

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UNITED STATES

Appellee

v.

Gerardo E. TREVINO

Sergeant Major (E-9), U.S. Marine Corps Appellant

No. 202500342

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Decided: 29 July 2026

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Douglas C. Hatch

Sentence adjudged 6 May 2025 by a special court-martial convened at Marine Corps Air Station Miramar, San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-7 and confinement for 236 days. 1

For Appellant:

Captain Katherine E. Malcolm, USMC

1 The accused was credited with having served 236 days of pretrial confinement.

Opinion of the Court

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

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PER CURIAM:

After careful consideration of the record, submitted without assignment of error, we have determined that the findings are correct in law, the sentence is correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. 2 However, we note that the Entry of Judgment is deficient. Appellant has the right for the Entry of Judgment to accurately summarize each specification referred to trial as required by Rule for Courts-Martial (R.C.M.) 1111(b)(1)(A) and United States v. Wadaa. 3 In this case, the Entry of Judgment denotes findings of not guilty to Specifications 2–6 of the Charge. These specifications, pursuant to the plea agreement, were withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceedings. 4 In accordance with R.C.M. 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 84 M.J. 652, 655 (N-M. Ct. Crim. App. 2024).

4 United States v. Sutton, 81 M.J. 677 (N-M. Ct. Crim. App. 2021); United States v.

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

UNITED STATES NMCCA NO. 202500342

v. ENTRY OF

Gerardo E. TREVINO JUDGMENT Sergeant Major (E-9) U.S. Marine Corps As Modified on Appeal Accused

29 July 2026

On 6 May 2025, the Accused was tried at Marine Corps Air Station Miramar, CA, by a special court-martial, consisting of a military judge sitting alone. Military Judge Douglas C. Hatch 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 1: (Violent Offense - Assault Consummated by Battery – on or about 3 July 2023):

Plea: Guilty. Finding: Guilty.

Specification 2: (Strangulation – on or about 3 July 2023):

Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review.

Modified Entry of Judgment

Specification 3: (Violent Offense - Assault Consummated by Battery – on or about 6 Aug 2024):

Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review.

Specification 4: (Strangulation – on or about 6 August 2024):

Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review.

Specification 5: (Violent Offense - Assault Consummated by Battery – on or about 31 August 2024):

Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review.

Specification 6: (Strangulation – on or about 31 August 2024):

Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review.

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

Specification 1: (Offense Against Property With Intent to Intimidate – on or about 15 July 2023):

Plea: Guilty. Finding: Guilty.

3

Modified Entry of Judgment

Specification 2: (Offense Against Property With Intent to Intimidate – on or about 15 February 2024):

Plea: Guilty. Finding: Guilty.

SENTENCE

On 6 May 2025, the military judge sentenced the Accused to the following:

Reduction to E-7 Confinement for 236 days

FOR THE COURT:

MARK K. JAMISON Clerk of Court