Lucas v. United States

ROGERS, Chief Judge:

Prior to appellant’s jury trial for heroin distribution in violation of D.C.Code § 33-541(a)(1) (1988 Repl.), the government filed an information pursuant to D.C.Code § 23-111(a)(1) (1989 Repl.) indicating that appellant had one prior conviction. In fact he had two. Following appellant’s conviction by a jury, appellant and the government agreed, as they do on appeal, that appellant should be sentenced as a second offender since the government’s pre-trial information only mentioned one prior enhancing conviction. However, despite the noncompliance with § 23-111, the trial…