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FIELDS v. UNITED STATES

No. 11830.

396 A.2d 990 (1979)

James B. FIELDS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 12, 1979.

Attorney(s) appearing for the Case

Howell E. Begle, Jr., and Ann K. H. Simon, Washington, D. C., appointed by this court, were on the brief, for appellant.

Earl J. Silbert, U. S. Atty., John A. Terry, Timothy J. Reardon, III and William E. Bucknam, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, YEAGLEY, Associate Judge, and HOOD, Chief Judge, Retired.

PER CURIAM:

Appellant, urging that he was sentenced under the wrong statutory provision, seeks to be resentenced. We agree and remand his case.

Appellant was convicted of one count of armed robbery (D.C.Code 1973, §§ 22-2901 & -3202) and two counts of assault with a dangerous weapon (D.C.Code 1973, § 22-502). Prior to trial the government filed an information pursuant to D.C.Code 1973, § 23...

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