UNITED STATES NAVY-MARINE CORPS 

COURT OF CRIMINAL APPEALS

WASHINGTON, D.C.

Before

J.R. MCFARLANE, K.J. BRUBAKER, P.D. LOCHNER

Appellate Military Judges

UNITED STATES OF AMERICA

v.

MATTHEW S. HINDERS

CORPORAL (E-4), U.S. MARINE CORPS

NMCCA 201400274

SPECIAL COURT-MARTIAL

Sentence Adjudged: 25 March 2014.

Military Judge: LtCol C.J. Thielemann, USMC.

Convening Authority: Commanding General, 1st Marine 

Division (Rein), Camp Pendleton, CA.

Staff Judge Advocate's Recommendation: Maj V.G. Laratta, 

USMC.

For Appellant: Maj Michael D. Berry, USMCR.

For Appellee: Mr. Brian K. Keller, Esq.

23 December 2014

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OPINION OF THE COURT 

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THIS OPINION DOES NOT SERVE AS BINDING PRECEDENT, BUT MAY BE CITED AS 

PERSUASIVE AUTHORITY UNDER NMCCA RULE OF PRACTICE AND PROCEDURE 18.2.

PER CURIAM:

 

A military judge sitting as a special court-martial 

convicted the appellant, pursuant to his pleas, of two 

specifications of larceny, in violation of Article 121, Uniform 

Code of Military Justice, 10 U.S.C. § 921. The appellant was 

sentenced to four months’ confinement, reduction to pay grade 

E-1, and a bad-conduct discharge. The convening authority 

approved the sentence as adjudged. 
2

Although not raised on appeal, we note an error in the 

record that requires corrective action. The two larceny 

specifications are multiplicious, requiring a consolidation of 

the specifications. Having considered our modified findings and 

the entire record of trial, we conclude that the consolidated 

findings are correct in law and fact, and that no error 

materially prejudicial to the substantial rights of the 

appellant remains. Arts. 59(a) and 66(c), UCMJ.

Background

The appellant entered the barracks room of two fellow 

Marines, stealing several items of personal property belonging 

to Lance Corporal S and one item of personal property belonging 

to Private First Class S. The Government charged the larceny as 

thefts of personal property from the individual Marines in two 

separate specifications, although the theft took place at the 

same time and at the same location. Although neither party 

objected during the plea colloquy, after hearing sentencing 

arguments and closing for deliberation, the military judge 

returned and, sua sponte, raised the issue of multiplicity. 

Record at 90-91. Although finding that the theft was a single 

criminal act, the military judge did not consolidate the 

specifications, but merged them together “solely for sentencing 

purposes.” Id. at 91.

Discussion

When a larceny of several articles is committed at 

substantially the same time and place, it is a single larceny, 

even though the articles belong to different persons. MANUAL FOR 

COURTS-MARTIAL, UNITED STATES (2012 ed.), Part IV, ¶ 46(c)(1)(i)(ii). 

The specifications, as alleged and pled to by the appellant, 

were multiplicious, as the larceny from the barracks room should 

properly have been charged as one offense, not two.

Absent plain error, a multiplicity claim is waived by an 

unconditional guilty plea, as was entered in this case. United 

States v. Hudson, 59 M.J. 357, 358-59 (C.A.A.F. 2004) (citing 

United States v. Heryford, 52 M.J. 265, 266 (C.A.A.F. 2000)).

Reviewing the matter for plain error and mindful of the 

Court of Appeals for the Armed Forces’ holding in United States 

v. Savage, 50 M.J. 244, 245 (C.A.A.F. 1999) (citing Ball v. 

United States, 470 U.S. 856 (1985)), we find there was error, 
3

that it was plain and obvious, and that there was prejudice in 

the form of an additional convictions for larceny. 

Pursuant to our authority under Article 66(c) UCMJ, we 

grant relief by consolidation of Specifications 1 and 2 under 

Charge I into a single specification as follows:

In that Corporal Matthew S. Hinders, U.S. Marine 

Corps, on active duty, did, at or near Marine Corps 

Base Camp Pendleton, California, on or about 21 July 

2013, steal various items to include:

a. MacBook Pro Laptop

b. Playstation Portable Vita

c. Sentry Safe

d. 2006 One Dollar Coin Fine Silver

e. 1991 American Silver Eagle Dollar 1 oz. 

silver coin

f. 2002 American Silver Eagle Dollar 1 oz. 

silver coin

g. Silver Buillon Dollar

h. 1776-1976 Silver Dollar

i. 925 Italy Necklace

j. iPod charger

k. MacBook Pro Charger

l. Dark Knight Trilogy Box Set

m. Wahl Clippers and Case

n. Grappling Hook

of a value of more than $500.00, the property of Lance 

Corporal J.C.S. (items a-m) and Private First Class 

J.S.S. (item n), U.S. Marine Corps.

Since the specifications were merged for sentencing, a 

reassessment of the sentence is unnecessary.

Conclusion

As modified herein, the findings and the approved sentence 

are affirmed. 

For the Court

 

 

 

R.H. TROIDL

Clerk of Court