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WYNN v. UNITED STATES

No. 11226.

386 A.2d 695 (1978)

Joseph A. WYNN, II, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 12, 1978.

Attorney(s) appearing for the Case

Gaillard T. Hunt, Washington, D. C., appointed by this court, for appellant.

Michael L. Lehr, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Peter E. George, Ann P. Gailis, and Noel A. Kramer, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Steven D. Gordon, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before GALLAGHER, YEAGLEY and MACK, Associate Judges.

GALLAGHER, Associate Judge:

On April 17, 1975, appellant was charged with attempted second degree burglary1 and released on his own recognizance. The case was set for trial on June 10 but was continued on that date for lack of trial judge availability. When the next trial date, August 6, arrived, it was again continued to October 10 because of the absence of a defense witness.

On August 25, appellant filed a motion to dismiss for...

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