U.S. v. Huhn, 54 M.J. 493

Trial Stages: Appeals: Harmless / Prejudicial Error

1. setting aside one specification of larceny as multiplicious was harmless with respect to the sentence and the error had no substantial influence on the sentence where: (1) the nature of the conduct admitted by appellant was not changed; (2) the maximum punishment was not significantly changed; (3) the military judge sentenced appellant to only one-tenth of the maximum imposable confinement; and (4) the convening authority cut the adjudged confinement in half

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Multiplicity

1. where the Government conceded that two specifications of larceny alleged stealing the same property, the concession was accepted and the conviction of one of the two specifications was set aside as multiplicious