Filed: Mar. 07, 2013
Latest Update: Mar. 02, 2020
Summary: For Appellee: Lieutenant Colonel Amber J. Roach, JA; Major Catherine L. Brantley
JA; Captain Edward J. Whitford, JA (on brief).
7 March 2013
SUMMARY DISPOSITION ON RECONSIDERATION,
Per Curiam:
A panel of officer and enlisted members, sitting as a general court-martial
convicted appellant, contrary to his pleas, of two specifications of rape of a child, under the age of twelve, and one specification of aggravated sexual contact with a, child, in violation of Article 120, Uniform Code of Mil
Summary: For Appellee: Lieutenant Colonel Amber J. Roach, JA; Major Catherine L. Brantley
JA; Captain Edward J. Whitford, JA (on brief).
7 March 2013
SUMMARY DISPOSITION ON RECONSIDERATION,
Per Curiam:
A panel of officer and enlisted members, sitting as a general court-martial
convicted appellant, contrary to his pleas, of two specifications of rape of a child, under the age of twelve, and one specification of aggravated sexual contact with a, child, in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C.
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UNITED STATES ARMY COURT OF CRIMINAL APPEALS
Before
YOB, KRAUSS, and BURTON
Appellate Military Judges
UNITED STATES, Appellee
v.
Sergeant DARRICK GARNER
United States Army, Appellant
ARMY 20100684
Headquarters, V Corps
Wendy P. Daknis, Military Judge
Lieutenant Colonel Randolph Swansiger, Staff Judge Advocate
For Appellant: Colonel Patricia A. Ham, JA; Lieutenant Colonel Imogene M.
Jamison, JA; Major Richard E. Gorini, JA; Captain Matthew T. Grady, JA (on brief).
Colonel Patricia A. Ham, JA; Lieutenant Colonel Imogene M. Jamison, JA; Major
Richard E. Gorini, JA; Captain James P. Curtin, JA (on reply brief).
For Appellee: Lieutenant Colonel Amber J. Roach, JA; Major Catherine L. Brantley,
JA; Captain Edward J. Whitford, JA (on brief).
7 March 2013
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SUMMARY DISPOSITION ON RECONSIDERATION
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Per Curiam:
A panel of officer and enlisted members, sitting as a general court-martial,
convicted appellant, contrary to his pleas, of two specifications of rape of a child
under the age of twelve, and one specification of aggravated sexual contact with a
child, in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. §
920 (2006) [hereinafter UCMJ]. The panel sentenced appellant to confinement for
eighteen months and reduction to the grade of E-1. The convening authority
approved only so much of the adjudged sentence as provided for confinement for
seventeen months and twenty days and reduction to the grade of E-1.
On 28 February 2013, we issued a decision in this case holding the findings
correct in law and fact and the sentence appropriate. United States v. Garner,
ARMY 20100684 (Army Ct. Crim. App. 28 Feb. 2013) (mem. op.). However, we did
GARNER—ARMY 20100684
not explicitly affirm the findings and sentence. Upon sua sponte reconsideration,
the findings and sentence are AFFIRMED.
FOR THE COURT:
MALCOLM H.
MALCOLM H. SQUIRES,
SQUIRES, JR.
JR.
Clerk of Court
Clerk of Court
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