Berroa v. United States

SCHWELB, Associate Judge.

Olider L. Berroa was convicted by a jury of felony unlawful distribution of cocaine in a drug free zone, in violation of D.C.Code § 33-547.1(b) (1998), and of one felony count of possession of cocaine with intent to distribute it (PWID), D.C.Code § 33-541(a)(1). The trial judge directed a verdict of acquittal on a second count of PWID, but she found Berroa guilty of the lesser included offense of misdemeanor unlawful possession of cocaine. On appeal, Berroa contends that his felony convictions should be reversed because the trial judge erred in declining to declare a…