United States v. Wilson

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 29, 2022
• Docket: 202100344
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOUTZ, MYERS, and KISOR Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

David A. WILSON Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202100344

Decided: 29 September 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Derek A. Poteet (arraignment) Stephen F. Keane (trial)

Sentence adjudged 14 September 2021 by a general court-martial con- vened at Marine Corps Recruit Depot San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 23 months, forfeitures of all pay and allowances, and a dishonorable discharge.

For Appellant: Lieutenant Commander Matthew A. Kozyra, JAGC, USN United States v. Wilson, NMCCA No. 202100344 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. 1 However, we note that the Entry of Judgment does not accurately reflect the disposition of the charges. The original Entry of Judgment incorrectly stated that Appellant was awarded a bad-conduct discharge rather than a dis- honorable discharge. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. 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. 202100344

v. ENTRY OF David A. WILSON JUDGMENT Staff Sergeant (E-6) U.S. Marine Corps As Modified on Appeal Accused 29 September 2022

On 14 September 2021, the Accused was tried at Marine Corps Recruit Depot San Diego, California, by a general court-martial, consisting of a military judge sitting alone. Military Judge Stephen F. Keane, presided.

FINDINGS

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

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

Specification 1: Assault consummated by a battery between on or about 1 April 2016 and 30 April 2016. Plea: Guilty Finding: Guilty

Specification 2: Aggravated assault by a means likely to produce death or grievous bodily harm on or about 13 October 2018. Plea: Not Guilty, but guilty of the lesser included offense of Article 128, assault consummated by a battery. Finding: Guilty of the lesser included offense of assault consummated by a battery. United States v. Wilson, NMCCA No. 202100344 Modified Entry of Judgment

Specification 3: Assault consummated by a battery on or about 13 October 2018. Plea: Guilty Finding: Guilty

Specification 4: Assault consummated by a battery upon an intimate partner on or about 15 March 2019. Plea: Not Guilty Finding: Dismissed

Specification 5: Assault consummated by a battery upon an intimate partner on or about 7 April 2019. Plea: Guilty Finding: Guilty

Specification 6: Assault consummated by a battery upon an intimate partner on or about 7 April 2019. Plea: Guilty Finding: Guilty

Specification 7: Assault consummated by a battery upon an intimate partner on or about 7 April 2019. Plea: Guilty Finding: Guilty

Charge II: Violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. Plea: Not Guilty Finding: Dismissed

Specification: Rape by threatening or placing another person in fear on or about 7 April 2019. Plea: Not Guilty Finding: Dismissed

SENTENCE

On 14 September 2021, a military judge sentenced the Accused to the following: Reduction to pay grade E-1. For Specification 1 of Charge I: confinement for 6 months.

2 United States v. Wilson, NMCCA No. 202100344 Modified Entry of Judgment

For Specifications 2 and 3 of Charge I: confinement for 6 months. For Specification 5 of Charge I: confinement for 23 months. For Specification 6 of Charge I: confinement for 12 months. For Specification 7 of Charge I: confinement for 23 months. The terms of confinement will run concurrently. Specifications 2 and 3 of Charge I were merged for sentencing. Forfeiture of all pay and allowances. Confinement for a total of 23 months. A dishonorable discharge.