This opinion is subject to administrative correction before final disposition.

Before CRIS FIELD
, HOLI FIELD, and LAWRENCE Appellate Military Judges

_________________________


### UNITED STATES Appellee

v.

Roberto E. GUZMANANAYA Lance Corporal (E

- 3 )
, U.S. Marine Corps Appellant

No. 201900340

Decided: 2 Dec ember 2020

Appeal from the Unit ed States Navy

- Marine Corps Trial Judiciary

Military Judge : Wilbur Lee

Sentence adjudged 3 Octo ber 2019 by a general court

- martial convened at Marine Corps Base Hawaii, Kaneohe Bay , Hawaii, consisting of a military judge sitting alone

. Sentence in the E ntry of Judgment : reduction to E

- 1, confinement for 10 months
, 1 forfeiture of $1
, 120 per month for 10 months, and a bad

- conduct discharge

.
For Appellant: Major Thomas R. Fricton, USMC 2 Major Mary Claire Finnen, USMC

1 The military judge sentenced Appellant to between 6 and 10 months for each of the six offenses to which he pleaded guilty. Pursuant to a plea agreement, the military judge ordered that the six periods of confinement be served concurrently, for a total of 10 months.

2 The Court granted Major Fricton leave to withdraw as appellate defense counsel on 25 June 2020.United States v. Guzmananaya , NMCCA No. 201900340 Opinion of the Court

2 For Appellee: Lieutenant Commander Jeff rey S. Marden, JAGC , USN M ajor Clayton L. Wiggins, USMC

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

.

_________________________

PER CURIAM :
After careful consideration of the re cord
, we have determined that the approved findings and sentence are correct in law and fact and that no error materially prejudicial to A ppellant’s substantial rights occurred. 3
However, we agree with Appellant’s sole assignment of error that the Entry o f Judgment is inaccurate , as Block 33 ( p leas and findings ) fails to note the words excepted in the pleas and findings related to Specification 2 of Charge II I

. 4 Although we find no prejudice from this error, Appellant is entitled to have court

- martial

reco rds that correctly reflect the content of his proceeding. 5 In accordance with this Court’s authority under Rule for Courts

- Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. 6

T he findings and sentence a re AFFI RMED

.

3 Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.

4 The Entry of Judgme nt also contains two scrivener’s error s , referring to Charge III in both Block 33 and Block 34 as “Charge IIII.” We will correct this, too, as we modify the Entry of Judgment.

5 United States v. Crumpley , 49 M.J. 538, 539 (N

- M. Ct. Crim. App. 199 8).

6 We also note with concern the cursory nature of the military judge’s inquiry into the pretrial agreement’s terms

. The Court of Appeals for the Armed Forces “ha[s] long emphasized the critical role that a military judge and counsel must play to ensure that the record reflects a clear, shared understanding of the terms of any pretrial agreement between an accused and the convening authority.” United States v. Williams , 60 M.J. 360, 362 (C.A.A.F. 2004) (citations omitted)

. W hile there is nothing in the pr esent case indicating a lack of mutual understanding as to the agreement’ s meaning
, brief, non

- specific inquiries such as conducted below invite confusion and error

.United States v. Guzmananaya , NMCCA No. 201900340 Opinion of the Court

3 FOR THE COURT:

RODGER A. DREW, JR. Clerk of CourtUnited States v. Guzmananaya , NMCCA No. 201900 340 Modified Entry of Judgment

1 UNITED STATES



### v.

Roberto E. GUZMANANAYA Lance Corporal (E

- 3 ) U.S. Marine Corps Accused NMCCA NO. 201900 340



### ENTRY OF JUDGMENT

As Modified on Appeal

2 December 2020

On 4 September and 2

- 3 October 2019 , t he Accused was tried at Marine Corps Base Ha waii, Kaneohe Bay, Hawaii
, by a gener al court

- martial
, consisting of a military judge sitting alone. Military Judge Wilbur Lee , presid ed

.



### FINDINGS

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

Charge I: Violation of Article 92, Uniform Code of Military Justice , 10 U.S.C. § 892

. Plea: Guilty

. Finding: Guilty.

S pecification: Failure to obey other lawful written order between on or about 31 July 2018 and on or about 29 August 201 8

. Plea: Guilty

. Finding: Guilty.United States v. Guzmananaya , NMCCA No. 201900 340 Modified Entry of Judgment

2 Charge I I : Violation of Article 120a , Uniform Code of Military Justice , 10 U.S.C. § 920a

. Plea: Not Guilty. Finding: Dismissed

.
S pecification: Stalking on divers occasions between on or about 29 July 2018 and on or about 15 November 2018.
Plea: Not Guilt y

. Finding: D ismissed

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

. Plea: Guilty

. Finding: Guilty.

S pecification 1 : A ssault consummated by battery on or about 28 July 2017

. Plea: Guilty

. Finding: Guilty

.
S pecific ation 2: Assault consummated by battery on or about 29 July 2018

. Plea: Guilty , except for certain words

. Of the excepted words, Not Guilty. Finding: Guilty of the s pecification as excepted; the excepted words are Dismissed.

S pecification 3: Aggravated a ssault o n or about 29 July 2018.
Plea: Guilty

. Finding: Guilty.

Additional C harge I: Violation of Article 112a , Uniform Code of Military Justice , 10 U.S.C. § 912a

. Plea: Not Guilty. Finding: D ismissed.

S pecification: Wrongful use of a controlled substance between on or about 9 May 2019 and on or about 14 May 2019.
Plea: Not Guilty

. Finding: D ismissed.United States v. Guzmananaya , NMCCA No. 201900 340 Modified Entry of Judgment

3 Additional C harge II: Violation of Article 107 , Uniform Code of Military Justice , 10 U.S.C. § 907

. Plea: Guilty. Finding: Guilty

.
S pecification: Making a false official statement on or about 28 July 2017.
Plea: Guilty

. Finding: Guilty.

Additional C harge III: Violation of Article 107 , Uniform Code of Military Justice , 10 U.S.C. § 907

. Plea: Not Guilty. Finding: D ismissed.

S pecification: Making a false official statement on or about 8 July 2019

. Plea: Not Guilty

. Finding: D ismissed.

Additional C harge IV: Violation of Article 112a , Uniform Code of Military Justice , 10 U.S.C. § 912a

. Plea: Guilty. Finding: Guilty

.
S pecification: Wrongful use of a controlled substance between on or about 27 June 2019 and on or about 2 July 2019.
Plea: Guilty

. Finding: Guilty

.United States v. Guzmananaya , NMCCA No. 201900 340 Modified Entry of Judgment

4 

### SENTENCE

On 3 October 2019 , a military judge sentenced the Accused to the following :
A bad

- conduct discharge.

Forfeiture of $1 , 120 pay per month f or 10 months

. Reduction to pay grade E

- 1.
Confi nement as follows:

The S pecification of Charge I: 10 months

. Specification 1 of Charge III: 6 months. Specification 2 of Charge III: 6 months. Specification 3 of Charge III: 10 months.

The S pecification of Additional Charge II: 10 months.

The S pecification of Additional Charge IV: 10 months. Confinement will run concurrently, for a total of 10 months. The convening authority took no action in this case

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court