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Name: Trent Tyrone Pritchett
Case: United States v.  Pritchett    No. NMCCA 9601212
Date Of Appeal: July 14, 2005
Plea: Not Guilty
Charges: Forcible sodomy of a child
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry?   YES (registry incorrectly identifies military branch as Army)

At the rehearing, contrary to his pleas, the appellant was convicted of forcible sodomy of a child under the age of 16 and indecent act with a child under the age of 16 (two specifications), in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934. A military judge sitting as a general court-martial sentenced the appellant to confinement for four years, forfeiture of $500.00 pay per month for four years, reduction to pay grade E-1, and a bad-conduct discharge. The convening authority approved the sentence as adjudged and credited the appellant with confinement served from 9 June 1994 until 21 July 1997.

We have carefully considered the record of trial, the appellant’s assignments of error, and the Government’s response. As modified, we conclude that the findings and sentence are correct in law and fact, and that no error materially prejudicial to the substantial rights of the appellant remains.

We are painfully aware that the appellant was first arraigned on the substance of the current charges in October of 1993. For more than 11 years, the appellant has been deprived of a final resolution of those charges. We conclude that while the appellant has not demonstrated his right to relief for prejudicial delay under Article 59(a), UCMJ, he is entitled to relief under Article 66(c), UCMJ. United States v. Oestmann, 61 M.J. 103 (C.A.A.F. 2005); Diaz v. Judge Advocate General of the Navy, 59 M.J. 34, 37 (C.A.A.F. 2003); United States v. Tardif, 57 M.J. 219, 224 (C.A.A.F. 2002). We will grant relief in our decretal paragraph.

We have considered the remaining assignments of error and find them lacking in merit. The findings are affirmed. We affirm only so much of the sentence extending to confinement for 42 months, reduction to pay grade E-1, and a bad-conduct discharge.
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Military Sex Offenders Registry
Trent T. Pritchett
Quartermaster First Class (E-6), U.S. Navy
Convicted Sex Offender
Forcible Sodomy Of A Child