This opinion is subject to administrative correction before final disposition.

Before STEPHENS
, COGLEY , and DEERWESTER Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
Michael VALDEHUEZA Lance Corporal (E

- 3 ), U.S. Marine Corps Appellant

No. 202100302

_________________________
Decided: 20 July 2022
Appeal from the United States Navy

- Marine Corps Trial Judiciary
Military Judge : M elanie J. Mann
Sentence adjudged 12 August 202 1 by a general court

- martial convened at Marine Corps Base Hawaii consisting of a military judge sitting alone. Sentence in the Entry of Judgment : reduction to E

- 1, confinement for eleven months
, 1 and a bad

- conduct discharge

. For Appellant: Major B rian L. Farrell, USMC

1 Appellant was credited with 187 days of confinement credit.United States v. Valdehueza , NMCCA No. 20 2100302 Opinion of the Court

2 _________________________
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 dete rmined that the findings and sentence are correct in law and fact and that no error materially prejudicial to A ppellant ’s substantial rights occurred. 2 However, we note that the Entry of Judgment does not accurately reflect the disposition of the charges

. Althoug h we find no prejudice, A ppellant is entitled to have court

- martial records that correctly reflect the content of his proceeding. 3 The Entry of Judgment erroneously states in the summary of charges pertaining to Charge IV
, and in the sole specifica tion for a violation of Uniform Code of Mili tary Justice , Article 85, Desertion, that the date the desertion ended by appr ehension was 20 February 2020. However, in reviewing the Charge Sheet and the re cord of trial, 20 February 2020 was the beginning of t he period of desert ion and Appellant was apprehended on 5 February 2021. In accordance with Rule f or Courts

- Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record.
T he findings and sentence are AFFIRMED

.

FOR THE COURT:

S. TAYLOR JOHNSTON I nteri m Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.

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

- M. Ct. Crim. App. 1998).UNITED STATES



### v.

Michael VALDEHUEZA Lance Corporal (E

- 3 ) U.S. Marine Corps
Accused NMCCA NO. 202100302



### ENTRY OF JUDGMENT

As Modified on Appeal

20 July 2022

On 12 August 2021
, t he Accused was tried at Marine Corps Base Hawaii by a general court

- martial
, consisting of a military judge sitting alone. Military Judge M elanie J. Mann , presid ed

.



### 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 120b , Uniform Code of Military Justice , 10 U.S.C. § 920b

. Plea: Guilty. Finding: Guilty

. Specification 1 : Sexual abuse of a child involving indecent conduct on or about 17 February 2020

. Plea: Guilty. Finding: Guilty

. Specification 2: Sexual abuse of a child involving indecent conduct on or about 17 February 2020

. Plea: Not Guilty. Finding: D ismissed.United States v. Valdehueza , NMCCA No. 202100302 Modified Entry of Judgment

2 Charge I I: Violation of Article 80 , Uniform Code of Military Justice , 10 U.S.C. § 8 80

. Plea: Not Guilty

. Finding: D ismissed

. S pecification 1: Attempt to photograph the private area of I.A. without her consent on o r about 17 February 2020

. Plea: Not Guilty. Finding: D ismissed

. S pecification 2: Attempt to photograph the private area of A.Z . without her consent on or about 17 February 2020.
Plea: Not Guilty. Finding: D ismissed

.
Charge I II: Violation of Article 12 8 , Uniform Code of Military Justice , 10 U.S.C. § 9 2 8

. Plea: Not Guilty. Finding: D ismissed

. S pecification 1 : Simple assault upon a child under the age of 16 on or about 17 February 2020

. Plea: Not Guilty

. Finding: D ismissed

. S pecification 2: Simple assault upon a child under the age of 16 on or about 17 February 2020

. Plea: Not Guilty. Finding: D ismissed

.
Charge I V: Violation of Article 85 , Uniform Code of Military Justice , 10 U.S.C. § 885

. Plea: Guilty

. Finding: Guilty.

S pecification : Desertion terminated by apprehension from on or about 20 February 2020 to on or about 5 February 2021

. Plea: Guilty

. Finding: Guilty.United States v. Valdehueza , NMCCA No. 202100302 Modified Entry of Judgment

3 

### SENTENCE

On 12 August 2021, a military judge sentenced the Accused to the following: Reduction to pay grade E

- 1. For Specification 1 of Charge I: confinement for 11 months

. For the sole Specification of Charge IV : confinement for 11 months

. The terms of confinement will run concurrently

. Confinement for a total of 11 months.
A bad

- conduct discharge

. The Accused has served 187 days pretrial confinement and shall be credited with 187 days of confinement already served, to be deducted from the adju dged sentence to confinement.

FOR THE COURT:

S. TAYLOR JOHNSTON I nteri m Clerk of Court