Parker v. United States

STEADMAN, Associate Judge:

Appellants, the occupants of the front seat of a car on which was located a paper bag containing a quantity of drugs,1 were both convicted of possession of heroin with intent to distribute, D.C.Code § 33-541(a)(1) (1988), and simple possession of cocaine, id. § 33-541(d). During deliberations, the jury asked if it could convict on the offense of simple possession of heroin without reaching agreement on the greater offense of possession with intent to distribute. The trial court on two separate occasions reinstructed the jury that it must reach a unanimous agreement…