United States v. Gudel

DECISION

RAICHLE, Judge:

Consonant with his pleas, the accused was found guilty of wrongful appropriation of $4,147.45 from the noncommissioned officers (NCO) club, in violation of Article 121, U.C.M.J., and uttering one bad check to the Audio Club for $504.00 and three bad checks to the NCO club totalling $300.00, in violation of Article 123a, U.C. M.J., 10 U.S.C. § 923a. The accused now asserts that the finding of wrongful appropriation was multiplicious with the findings of uttering bad checks to the NCO club with intent to defraud. We agree.

During the providency inquiry all parties agreed…