United States v. Private E1 MATTHEW R. WATTS

UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before HOLDEN, HOFFMAN, and SULLIVAN Appellate Military Judges UNITED STATES, Appellee v. Private E1 MATTHEW R. WATTS United States Army, Appellant ARMY 20070508 Headquarters, Fort Hood Alan L. Cook, Military Judge

For Appellant: Lieutenant Colonel William E. Cassara, JA; Major William F.

Fischbach III, JA.

For Appellee: Pursuant to A.C.C.A. Rule 15.2, no response filed.

31 March 2008 ---------------------------- SUMMARY DECISION ---------------------------- Per Curiam: Upon review of this case, submitted on the merits for consideration under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 [hereinafter UCMJ], we note appellant’s providence inquiry does not support his plea to all of the disrespectful language charged in the Specification of Charge II. There is sufficient evidence to support the remaining language of the Specification. Accordingly, we set aside the findings of guilty to and dismiss only so much of the Specification of Charge II as states, “I am going to kick your ass.” The remainder finding of guilty of the specification is affirmed. Reassessing the sentence of the basis of the error noted, and the entire record, and applying the tenets of United States v. Sales, 22 M.J. 305 (C.M.A. 1986) and United States v. Moffeit, 63 M.J. 40, 43 (C.A.A.F. 2006) (Baker, J., concurring), the remaining findings and sentence are affirmed.

FOR THE COURT:

MALCOLM H. SQUIRES, JR. Clerk of Court