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UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before HOLDEN, HOFFMAN, and SULLIVAN Appellate Military Judges UNITED STATES, Appellee v. Private First Class KEITH T. ROYAL, JR. United States Army, Appellant ARMY 20071295 Headquarters, Fort Carson Debra Boudreau, Military Judge Colonel Michael W. Meier, Staff Judge Advocate For Appellant: Colonel Allen F. Bareford, JA; Major William F. Fischbach III, JA. For Appellee: Lieutenant Colonel Francis C. Kiley, JA. 20 August 2008 ------------------------------------- SUMMARY DISPOSITION ------------------------------------- Per Curiam: This case is before us for review under Article 66, Uniform Code of Military Justice,
10 U.S.C. §866[hereinafter UCMJ]. Although appellant’s case was submitted to us on the merits, we find error in the findings of the court-martial as described below. Appellant was charged, inter alia, with assault with intent to commit rape, in violation of Article 134, UCMJ (Specification 1 of Charge IV). He pled guilty to the lesser included offense of assault consummated by a battery, in violation of Article 128, UCMJ; however, the language “with intent to commit rape” was not excepted from the specification at trial. In his initial post-trial action, the convening authority disapproved the charged language “with intent to commit rape” and approved the remainder of Specification 1 of Charge IV. In addition to the language disapproved by the convening authority, appellant’s providence inquiry did not support his plea to one of the assaultive acts alleged in the specification, specifically, the language “removing her clothes.” Accordingly, the court affirms only so much of the finding of guilty of Specification 1 of Charge IV, in violation of Article 128, UCMJ, as provides: In that Private First Class Keith T. Royal, Jr., U.S. Army, did, at or near Fort Carson, Colorado, on or about 14 October 2006, unlawfully commit an assault upon Mrs. M.M.H. by dragging her up the stairs, pushing her down on the ground, slapping the left side of her head, slapping her face and head, and punching her in the arm. DECISION The remaining findings of guilty are affirmed. Reassessing the sentence on the basis of the error noted, the entire record, and applying the principles of United States v. Sales,
22 M.J. 305(C.M.A. 1986) and United States v. Moffeit, including Judge Baker’s concurring opinion,
63 M.J. 40, 43 (C.A.A.F. 2006), the court affirms the sentence. FOR THE COURT: MALCOLM H. SQUIRES, JR. Clerk of Court
Document Info
Docket Number: ARMY 20071295
Filed Date: 8/20/2008
Precedential Status: Non-Precedential
Modified Date: 4/17/2021