Legal Opinion

Miler v. United States

District of Columbia Court of Appeals

Decided July 17, 1969No. 4836PublishedCited by 17 opinions

1Opinion of the Court

FICKLING, Associate Judge.

Appellant, along with another defendant, was convicted of attempted burglary, Secs. 22-103, 22-1801 (b) (Supp. II, 1968), petit larceny, Sec. 22-2202, and malicious destruction of property, Sec. 22-403, (D.C. Code 1967), and each defendant was sentenced to 360 days, 360 days, and 180 days respectively, with the sentences to run consecutively. Only Miler appeals.

Upon carefully examining the record, we find no error in the trial of the case and, therefore, the convictions are affirmed. However, we remand for resentencing since the sentencing process was improper.

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2Cases cited3 opinions

  1. United States v. Leroy WileyCourt of Appeals for the Seventh Circuit · 1959
  2. Weeks v. United StatesDistrict of Columbia Court of Appeals · 1969
  3. Jalbert v. District of ColumbiaDistrict of Columbia Court of Appeals · 1966

3Cited by17 opinions

  1. Oscar Poteet v. William Fauver, Warden, New Jersey State PrisonCourt of Appeals for the Third Circuit · 1975
  2. German v. United StatesDistrict of Columbia Court of Appeals · 1987
  3. Byrd v. United StatesDistrict of Columbia Court of Appeals · 1977
  4. State v. PoteetSupreme Court of New Jersey · 1972
  5. Hebble v. United StatesDistrict of Columbia Court of Appeals · 1969

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