Kevin Townes
Staff Sergeant U.S. Marine Corps
Convicted Sex Offender
Rape Forcible Sodomy Molestation Of A Child
Name: Kevin Townes
Case: United States v. Tpwnes No. 99-5004
Date Of Appeal: December 9, 1999
Plea: Guilty
Charges: Rape, Forcible Sodomy, Molestation Of A Child
Military Branch: U.S. Marine Corp
Listed In National Sex Offenders Registry? NO
Pursuant to his pleas, appellee was convicted of unauthorized absence, rape, forcible sodomy, and various charges relating to the molestation of a child, in violation of Articles 86, 120, 125, and 134, Uniform Code of Military Justice, 10 USC §§ 886, 920, 925, and 934, respectively.
Contrary to his pleas, a panel of officer and enlisted members convicted appellee of non-capital premeditated murder and assault and battery, in violation of Articles 118 and 128, UCMJ, 10 USC §§ 918 and 928, respectively.
The convening authority approved the sentence of a dishonorable discharge, confinement for life, total forfeitures, and reduction to the lowest enlisted grade. The Court of Criminal Appeals set aside the contested charges and specifications and authorized a rehearing. 50 MJ 762, 766 (1999).
The Judge Advocate General certified the following issue to this Court:
WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY HOLDING THAT STAFF SERGEANT TOWNES' FAILURE TO PERSONALLY SELECT ENLISTED MEMBERS WAS JURISDICTIONAL ERROR RATHER THAN
PROCEDURAL ERROR THAT SHOULD BE TESTED FOR
SUBSTANTIAL COMPLIANCE.
We hold that the judge erred in not obtaining on the record appellee’s personal request for a trial by enlisted members. However, under the circumstances of this case, there was substantial compliance with Article 25, UCMJ, 10 USC § 825, and the error by the judge did not materially prejudice the substantial rights of appellee. Art. 59(a), UCMJ,10 USC § 859(a). Thus, we answer the certified question in the affirmative.
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Sexual Offender
Conviction Records
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Kevin Townes
Staff Sergeant U.S. Marine Corp
Convicted Sex Offender
Rape Forcible Sodomy Molestation Of A Child
