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McCALL v. UNITED STATES

No. 81-741.

449 A.2d 1095 (1982)

Elliott J. McCALL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 26, 1982.

Attorney(s) appearing for the Case

Elizabeth J. Branda, Public Defender Service, Washington, D.C., with whom William J. Mertens, Public Defender Service, Washington, D.C., was on the brief, for appellant.

E. Anne McKinsey, Asst. U. S. Atty., Washington, D.C., with whom Stanley S. Harris, U. S. Atty., and John A. Terry, John R. Fisher, and J. Ramsey Johnson, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and FERREN and PRYOR, Associate Judges.

PER CURIAM:

The sole issue is whether a defendant convicted of assault with a dangerous weapon (ADW), D.C.Code 1981, § 22-502,1 who has previously been convicted of a crime of violence (as defined in D.C.Code 1981, § 22-3201(f)2) while armed, can be sentenced under D.C.Code 1981, § 22-3202(a)(2).3 We hold that he can, and...

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