2008 (Transition)
(in
addressing whether the government has unreasonably multiplied charges,
a court applies a five-part test: (1) did the
accused object at trial that there was an unreasonable multiplication
of charges and/or specifications; (2) is each charge and specification
aimed at distinctly separate criminal acts; (3) does the number of
charges and specifications misrepresent or exaggerate the appellant’s
criminality; (4) does the number of charges and specifications
unreasonably increase the appellant’s punitive exposure; (5) is there
any evidence of prosecutorial overreaching or abuse in the drafting of
the charges).
2001