This opinion is subject to administrative correction before final disposition.
Before
KING, MCCONNELL, and ATTANASIO,
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Joshua W. TAYLOR
Corporal (E-4), U.S. Marine Corps
Appellant
No. 201900172
Decided: 20 November 2019.
Appeal from the United States Navy-Marine Corps Trial Judiciary.
Military Judge: Lieutenant Colonel Wilbur Lee, USMC. Sentence
adjudged 8 April 2019 by a general court-martial convened at Marine
Corps Base Kaneohe Bay, Hawaii, consisting of a military judge
sitting alone. Sentence approved in the Entry of Judgment: reduction
to E-1, confinement for 12 months, 1 and a bad-conduct discharge.
For Appellant: Captain Valonne L. Ehrhardt, USMC.
For Appellee: Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent, but
may be cited as persuasive authority under NMCCA
Rule of Appellate Procedure 30.2.
_________________________
1 The Convening Authority suspended confinement in excess of 8 months pursu-
ant to a pretrial agreement.
United States v. Taylor, NMCCA No. 201900172
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 Appellant’s
substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866.
However, we note that the Entry of Judgment does not accurately reflect
the disposition of the charges. Although we find no prejudice, 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). In accordance with Rule for Courts-Martial 1111(c)(2), Manual for
Courts-Martial, United States (2019 ed.), we modify the Entry of Judgment
and direct that it be included in the record.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2
UNITED STATES NMCCA NO. 201900172
v. ENTRY
OF
Joshua W. T AYL OR JUDGMENT
Corporal (E-4)
U.S. Marine Corps As Modified on Appeal
Accused 20 November 2019
On 23 January 2019, 1 March 2019, and 8 April 2019, the Accused was
tried at Marine Corps Base Kaneohe Bay, Hawaii, by general court-martial,
consisting of a military judge sitting alone. Military Judge Wilbur Lee pre-
sided.
FINDINGS
The following offenses were referred to trial, with the corresponding pleas
and findings:
Charge I: Violation of Article 92, Uniform Code of Military Justice,
10 U.S.C. § 892.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice to ripen
into prejudice upon completion of appellate review.
Specification: Failure to obey a lawful order – wrongfully
providing alcohol to a minor – on or about
1 January 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate
review.
United States v. Taylor, NMCCA No. 201900172, Modified Entry of Judgment
Charge II: Violation of Article 107, Uniform Code of Military
Justice, 10 U.S.C. § 907.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice to ripen
into prejudice upon completion of appellate review.
Specification: False official statement on or about 19 February
2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate
review.
Charge III: Violation of Article 120, Uniform Code of Military
Justice, 10 U.S.C. § 920.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice to ripen
into prejudice upon completion of appellate review.
Specification 1: Sexual assault – bodily harm – on or about
1 January 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate
review.
Specification 2: Sexual assault – incapable of consenting due to
impairment by an intoxicant – on or about
1 January 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate
review.
Specification 3: Sexual assault – bodily harm – on or about
23 September 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate
review.
2
United States v. Taylor, NMCCA No. 201900172, Modified Entry of Judgment
Specification 4: Sexual assault – incapable of consenting due to
impairment by an intoxicant – on or about
23 September 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate
review.
Charge IV: Violation of Article 128, Uniform Code of Military
Justice, 10 U.S.C. § 928.
Plea: Guilty.
Finding: Guilty.
Specification: Assault consummated by a battery on or about
23 September 2018.
Plea: Guilty.
Finding: Guilty.
Charge V: Violation of Article 134, Uniform Code of Military
Justice, 10 U.S.C. § 934.
Plea: Guilty.
Finding: Guilty.
Specification: Adultery on or about 1 January 2018.
Plea: Guilty.
Finding: Guilty.
Additional Charge I: Violation of Article 92, Uniform Code of
Military Justice, 10 U.S.C. § 892.
Plea: Guilty.
Finding: Guilty.
Specification: Dereliction of duty – willfully failing to ensure
alcohol was not provided to minors – on or about
31 December 2017.
Plea: Guilty.
Finding: Guilty.
3
United States v. Taylor, NMCCA No. 201900172, Modified Entry of Judgment
SENTENCE
On 8 April 2019, the military judge adjudged the following sentence:
Reduction to pay grade E-1.
Confinement for 12 months. 1
A bad-conduct discharge.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
1 The Convening Authority suspended confinement in excess of 8 months pursu-
ant to a pretrial agreement.
4