United States v. Yuknis

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 27, 2019
• Docket: 201900022
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before FULTON, CRISFIELD, and GEIS, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Jason L. YUKNIS Seaman (E-3), U.S. Navy Appellant

No. 201900022

Decided: 27 June 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Captain Warren A. Record, JAGC, USN. Sentence ad- judged 19 October 2018 by a special court-martial convened at Naval Air Station Pensacola, Florida consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E- 1, forfeiture of $1,000.00 pay per month for 7 months, confinement for 7 months, 1 and a bad-conduct discharge. For Appellant: Captain W. Scott Laragy, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________

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

1 The Convening Authority suspended all forfeitures and the confinement in ex- cess of 6 months pursuant to a pretrial agreement. United States v. Yuknis, No. 201900022

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are cor- rect in law and fact and that no error materially prejudicial to the appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. However, we note that the court-martial order (CMO) does not accurately re- flect the dates of appellant’s absence without authority in any of the three specifications of Charge I. Although we find no prejudice from these scrive- ner’s errors, apparently caused by a lack of proper attention to detail in the post-trial processing, the appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). Accordingly, we order correction of records in this case to accurately reflect the specifications of Charge I. The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court