Name: Mark Lyle Stone
U.S. V. Stone NMCCA 200101890
Sentence adjudged April 18, 2001.
Decided November 16,2004
Plea: Guilty
Charges: Forcible Sodomy With A Child Under 12
Listed In National Sex Offenders Registry? Yes, Florida
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Mark Lyle Stone
Lieutenant Commander U.S. Navy
Convicted Sex Offender
Forcible Sodomy With A Child Under 12
Pursuant to his pleas, the appellant was convicted of sodomy with a child under the age of 12 years by force and without consent and indecent acts with a child under the age of 16 years and not his spouse, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934. A general court-martial consisting of military judge sitting alone sentenced the appellant to 13 years confinement, forfeiture of all pay and allowances, and a dismissal.
The convening authority (CA) approved the sentence as adjudged and, with the exception of the dismissal, ordered it executed. Pursuant to the pretrial agreement, the convening authority suspended all confinement in excess of 7 years for 12 months from the date of trial.
In determining the appropriateness of a sentence, we are to afford the appellant individualized consideration under the law. Specifically, we must review the appropriateness of the sentence based upon the “nature and seriousness of the offense and the character of the offender.” United States v. Snelling, 14 M.J. 267, 268 (C.M.A. 1982)(quoting United States v. Mamaluy, 27 C.M.R. 176, 180-81 (C.M.A. 1959)). Without question, this requires a balancing of the offenses against the character of the offender.
The appellant's belief that his sentence was inappropriately severe is without merit. Despite his stellar performance for many years as an officer, and his service in various duties of importance to our nation, his misconduct involving a 7-year-old neighbor child was egregious. A sentence including dismissal and confinement for 13 years is appropriate for this offender and these offenses.
We have considered the remaining assignment of error and find it lacking in merit. The findings and the sentence, as approved by the convening authority, are affirmed.
