United States v. Private E2 BRYAN C. PETERS ( 2008 )


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  • UNITED STATES ARMY COURT OF CRIMINAL APPEALS
    Before
    HOLDEN, HOFFMAN, SULLIVAN
    Appellate Military Judges
    UNITED STATES, Appellee
    v.
    Private E2 BRYAN C. PETERS
    United States Army, Appellant
    ARMY 20061161
    U.S. Army Signal Center and Fort Gordon
    Donna M. Wright, Military Judge
    Lieutenant Colonel Samuel A. Schubert, Acting Staff Judge Advocate
    For Appellant:  Colonel Christopher J. O’Brien, JA; Lieutenant Colonel
    Steven C. Henricks, JA; Major Sean F. Mangan, JA; Captain Timothy D. Litka,
    JA (on brief).
    For Appellee:  Colonel John W. Miller II, JA; Major Elizabeth G. Marotta,
    JA; Captain Michael C. Friess, JA; Captain Jaired D. Stallard, JA (on
    brief).
    14 January 2008
    --------------------------------
    SUMMARY DISPOSITION
    --------------------------------
    Per Curiam:
    Upon review of the case before us under Article 66, Uniform Code of
    Military Justice, we find that Specification 1 and Specification 2 of
    Charge II which allege larceny of a laptop computer and of money,
    respectively, from the same victim at the same location and time constitute
    an unreasonable multiplication of charges.  United States v. Gilchrist, 
    61 M.J. 785
    , 789 (Army Ct. Crim. App. 2005).  Similarly Specification 3 of
    Charge II and Specification 2 of Additional Charge IV which allege larceny
    of money and meal vouchers from the same victim at the same location and
    time also constitute an unreasonable multiplication of charges.  We will
    merge the affected specifications.
    Specifications 1 and 2 of Charge II are merged into Specification 1
    of Charge II to read as follows and Specification 2 of Charge II is
    dismissed:
    In that Private (E-2) Bryan C. Peters, U.S. Army, did, at or near Fort
    Gordon, GA, on or about 12 May 2006, steal a Hewlett Packard laptop
    PETERS – ARMY 20061161
    computer and money, of a combined value of about $1,600.00, the
    property of Bus Charters and Tours, Inc.
    Specification 3 of Charge II and Specification 2 of Additional Charge
    IV
    are merged into Specification 3 of Charge II to read as follows:
    In that Private (E-2) Bryan C. Peters, U.S. Army, did, at or near Fort
    Gordon, GA, on or about 12 May 2006, steal money and 34 meal vouchers,
    of a combined value of about $1,772.00, the property of Aladdin
    Travel.
    Specification 3 of Charge II is redesignated as Specification 2 of Charge
    II.  Specification 2 of Additional Charge IV is dismissed.  Specification 1
    of Additional Charge IV is redesignated as The Specification.
    The remaining findings are affirmed.  Reassessing the sentence on the
    basis of the error noted, the entire record, and applying the principles of
    United States v. Sales, 
    22 M.J. 305
     (C.M.A. 1986) and United States v.
    Moffeit, including Judge Baker’s concurring opinion, 
    63 M.J. 40
    , 43
    (C.A.A.F. 2006), the court affirms the sentence.
    FOR THE COURT:
    MALCOLM H. SQUIRES, JR.
    Clerk of Court
    

Document Info

Docket Number: ARMY 20061161

Filed Date: 1/14/2008

Precedential Status: Non-Precedential

Modified Date: 4/17/2021