Legal Opinion
Smith v. United States
District of Columbia Court of Appeals
Decided May 3, 1976No. 9217PublishedCited by 24 opinions
1Opinion of the Court
MACK, Associate Judge:
On this appeal from a conviction of armed robbery 1 and carrying a dangerous weapon, 2 it is alleged that a sentence imposed pursuant to the “armed repeat offender” statute 3 is invalid because of the trial court’s failure to follow procedure required by the recidivist statute. 4 We agree and therefore the judgments of conviction are affirmed and the sentence imposed under D.C.Code 1973, § 22-3202(a) (2) is vacated and this cause is remanded for resentencing.
The instant indictment was filed on April 16, 1973. On May 11, 1973, appellant’s trial counsel attended a status…
2Cases cited4 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Smith v. United StatesDistrict of Columbia Court of Appeals · 1973
- Fludd v. United StatesDistrict of Columbia Court of Appeals · 1975
- Coleman v. United StatesDistrict of Columbia Court of Appeals · 1972
3Cited by24 opinions
- Ellis v. United StatesDistrict of Columbia Court of Appeals · 1978
- Rogers v. United StatesDistrict of Columbia Court of Appeals · 1980
- Robinson v. United StatesDistrict of Columbia Court of Appeals · 1982
- Boswell v. United StatesDistrict of Columbia Court of Appeals · 1986
- Fields v. United StatesDistrict of Columbia Court of Appeals · 1979
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