Greene v. United States

FERREN, Associate Judge:

A jury convicted appellant of malicious destruction of property, D.C.Code § 22-403 (1989), unlawful entry, id. § 22-3102 (1989), and three counts of sodomy, id. § 22-3502 (1989). It acquitted appellant of first-degree burglary, id. § 22-1801(a) (1989), and rape, id. § 22-2801 (1989). The trial court imposed concurrent prison sentences of three to ten years for each count of sodomy. 1 Appellant argues that, in ac quitting of rape but convicting of sodomy, the jury necessarily found the entire incident was consensual (force not being an element of sodomy). Thus, he says,…