Full Opinion

This opinion is subject to administrative correction before final disposition. Before de GROOT, THORNHILL, and DAVIS Appellate Military Judges _________________________ UNITED STATES Appellee v. Gerardo E. TREVINO Sergeant Major (E-9), U.S. Marine Corps Appellant No. 202500342 _________________________ Decided: 29 July 2026 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Douglas C. Hatch Sentence adjudged 6 May 2025 by a special court-martial convened at Marine Corps Air Station Miramar, San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: re- duction to E-7 and confinement for 236 days. 1 For Appellant: Captain Katherine E. Malcolm, USMC 1 The accused was credited with having served 236 days of pretrial confinement. United States v. Trevino, NMCCA No. 202500342 Opinion of the Court _________________________ 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 determined that the findings are correct in law, the sentence is correct in law and fact, and no error materially prejudicial to Appellant’s sub- stantial rights occurred. 2 However, we note that the Entry of Judgment is deficient. Appellant has the right for the Entry of Judgment to accurately summarize each specification referred to trial as required by Rule for Courts-Martial (R.C.M.) 1111(b)(1)(A) and United States v. Wadaa. 3 In this case, the Entry of Judgment denotes find- ings of not guilty to Specifications 2–6 of the Charge. These specifications, pur- suant to the plea agreement, were withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceedings. 4 In accordance with R.C.M. 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. The findings and sentence are AFFIRMED. FOR THE COURT: MARK K. JAMISON Clerk of Court 2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866. 3 84 M.J. 652, 655 (N-M. Ct. Crim. App. 2024). 4 United States v. Sutton, 81 M.J. 677 (N-M. Ct. Crim. App. 2021); United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). 2 UNITED STATES NMCCA NO. 202500342 v. ENTRY OF Gerardo E. TREVINO JUDGMENT Sergeant Major (E-9) U.S. Marine Corps As Modified on Appeal Accused 29 July 2026 On 6 May 2025, the Accused was tried at Marine Corps Air Station Miramar, CA, by a special court-martial, consisting of a military judge sitting alone. Military Judge Douglas C. Hatch presided. FINDINGS The following are the Accused’s pleas and the Court’s findings to all of- fenses the convening authority referred to trial: Charge: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty. Finding: Guilty. Specification 1: (Violent Offense - Assault Consummated by Battery – on or about 3 July 2023): Plea: Guilty. Finding: Guilty. Specification 2: (Strangulation – on or about 3 July 2023): Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review. United States v. Trevino, NMCCA No. 202500342 Modified Entry of Judgment Specification 3: (Violent Offense - Assault Consummated by Battery – on or about 6 Aug 2024): Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review. Specification 4: (Strangulation – on or about 6 August 2024): Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review. Specification 5: (Violent Offense - Assault Consummated by Battery – on or about 31 August 2024): Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review. Specification 6: (Strangulation – on or about 31 August 2024): Plea: Not Guilty. Finding: Withdrawn and Dismissed Without Prejudice To Ripen Into Prejudice Upon Completion of Appellate Review. Additional Charge: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty. Finding: Guilty. Specification 1: (Offense Against Property With Intent to Intimidate – on or about 15 July 2023): Plea: Guilty. Finding: Guilty. 2 United States v. Trevino, NMCCA No. 202500342 Modified Entry of Judgment Specification 2: (Offense Against Property With Intent to Intimidate – on or about 15 February 2024): Plea: Guilty. Finding: Guilty. SENTENCE On 6 May 2025, the military judge sentenced the Accused to the following: Reduction to E-7 Confinement for 236 days FOR THE COURT: MARK K. JAMISON Clerk of Court 3