Houston v. United States

TERRY, Associate Judge:

Appellant Houston pleaded guilty to a charge of possession of heroin, a misdemeanor, in violation of D.C.Code § 33-541(d) (1988). After rejecting Houston’s request to be sentenced under D.C. Code § 33-541(e) (1988), the trial court sentenced Houston to 180 days in jail, suspended execution of that sentence, and placed him on probation for eighteen months, with certain conditions. 1 Houston challenges the trial court’s refusal to sentence him under section 33-541(e). We vacate his sentence and remand for resentencing.

At sentencing, the following occurred:

Ms. Holt…