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United States v. Stajcar
ACM 39182
| A.F.C.C.A. | Jul 28, 2017
|
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Case Information

*1 Before MAYBERRY, JOHNSON, and SPERANZA, Appellate Military Judges.

________________________

This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4. ________________________

PER CURIAM:

The approved findings and sentence are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Arti-

United States v. Stajcar , No. ACM 39182

cles 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings and sentence are AFFIRMED . [1]

FOR THE COURT

KURT J. BRUBAKER

Clerk of the Court [1] We note two errors in the promulgating order with respect to the language of Speci- fication 1 of the Charge. First, the order incorrectly reads “. . . with your finger and his mouth,” whereas the specification alleges “. . . with his finger and his mouth.” Second, the order incorrectly indicates Appellant pleaded guilty to the entire specifi- cation, and the military judge found Appellant guilty of the specification except the words “and mouth,” of which the military judge found Appellant not guilty. In fact, Appellant pleaded guilty to the specification but excepted the words “and mouth,” to which he pleaded not guilty. After pleas but before the military judge entered find- ings, the Government withdrew and dismissed the words “and mouth,” and the mili- tary judge subsequently found Appellant guilty of the remaining language without exceptions. We find no prejudice, but to ensure the accuracy of court-martial records, we direct the publication of a corrected court-martial order.

2

Case Details

Case Name: United States v. Stajcar
Court Name: United States Air Force Court of Criminal Appeals
Date Published: Jul 28, 2017
Docket Number: ACM 39182
Court Abbreviation: A.F.C.C.A.
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