United States v. Private First Class KEITH T. ROYAL, JR. ( 2008 )


Menu:
  • 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