United States v. Niedzielski

DECISION

MURDOCK, Judge:

The appellant was found guilty, pursuant to his pleas, of one specification of larceny of checking account funds and one specification of forgery (uttering falsely made checks to the base exchange). Now he asserts that the military judge erred in finding the specifications separate for sentence. We agree.

The charges stem from the appellant’s theft of about 28 of his roommate’s checks. Over a two month period the appellant made the checks payable to his order, and cashed them at the local base exchange, receiving cash in return. At trial, the proof consisted of the…