United States v. Specialist THOMAS R. YEPEZ

UNITED STATES ARMY COURT OF CRIMINAL APPEALS

PENLAND, ARGUELLES, 1 and SCHLACK

Appellate Militar y Judges UNITED STATES, Appellee v. Specialist THOMAS R. YEPEZ United States Army, Appellant

ARMY 20210236 Headquarters, U.S. Army Combined Arms Center and Fort Leavenworth

Steven C. Henricks, Military Judge (motions) Rebecca K. Connally, Military Judge (trial)

Lieutenant Colonel Stephanie R. Cooper, Acting Staff Judge Advocate

For Appellant: Jonathan F. Potter, Esquire; Major Bryan A. Osterhage, JA (on brief).

For Appellee: Major Lisa Limb, JA (on brief).

31 January 2025 MEMORANDUM OPINION ON FURTHER REVIEW

This opinion is issued as an unpublished opinion and, as such, does not serve as precedent. ARGUELLES, Judge:

A military judge sitting as a general court-martial convicted appellant at his first trial, contrary to his plea, of one specification of sexual assault in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920 [UCMJ]. The military judge sentenced appellant to a dishonorable discharge and confinement for twenty-eight months.

On appeal, this court set aside the finding of guilty and sentence after concluding the military judge abused his discretion in excluding evidence under Military Rule of Evidence [Mil. R. Evid.] 412. United States v. Yepez, ARMY 20210236, 2023 CCA LEXIS 12 (Army Ct. Crim. App. 11 Jan. 2023) (mem. op.). After the convening authority elected to retry the case, a different military judge