Brown v. United States

GLICKMAN, Associate Judge:

This is an appeal from the denial of a motion to vacate multiple armed rape and sodomy convictions on double jeopardy grounds. We hold that because the motion, which was filed pursuant to D.C.Code § 23-110 (1996), properly is viewed instead as one to correct an illegal sentence pursuant to Super. Ct.Crim. R. 35(a), the dou ble jeopardy claim is not barred by the movant’s failure to show cause for, or prejudice from, his failure to raise it previously on direct appeal from his conviction or in other proceedings. Reaching the merits of the double jeopardy claim, we…