20 M.J. 562 | U.S. Army Court of Military Review | 1985
OPINION OF THE COURT
Consistent with his pleas, appellant was convicted by a military judge sitting as a general court-martial of the distribution of cocaine,
Appellant contends that the two specifications alleging the use of marijuana and cocaine on 9 July 1984 are multiplicious for findings purposes and should be consolidated into one specification. We disagree.
In a case such as this, it is necessary to go beyond the language of the specifications and analyze the evidence adduced at trial to determine whether the offenses are actually multiplicious for findings purposes. United States v. Fair, 17 M.J. 1036, 1038 (A.C.M.R.1984), pet. denied, 19 M.J. 33 (C.M.A.1984).
Only so much of the finding of guilty of Specification 1 of the Charge, as relates to quantity, as finds appellant wrongfully distributed 2.583 grams of cocaine, is affirmed. The remaining findings of guilty and the sentence are affirmed.
. The evidence of record reflects that appellant wrongfully distributed 2.583 grams of cocaine and not the 3.2 grams he was found guilty of distributing.