Peay v. United States

KING, Senior Judge:

Following a jury trial, William Peay was found guilty of four counts of assault with a deadly weapon (automobile) (“ADW”), in violation of D.C.Code § 22-402 (2001), and one count of felony destruction of property, in violation of D.C.Code § 22-303 (2001). On appeal, Peay argues (1) that the four counts of ADW should merge, and (2) that the trial court erred by constructively amending the indictment. Additionally, because we observed that the destruction of property indictment did not specify the property value required to distinguish between a misdemeanor and felony…