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SCHWASTA v. UNITED STATES

No. 12826.

392 A.2d 1071 (1978)

William S. SCHWASTA, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 23, 1978.

Attorney(s) appearing for the Case

Nicolas M. W. DiBella, Washington, D. C., appointed by the court, was on brief, for appellant.

Earl J. Silbert, U. S. Atty. and John A. Terry and Richard W. Hausler, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before NEWMAN, Chief Judge, and KERN and HARRIS, Associate Judges.

HARRIS, Associate Judge:

Appellant was convicted in a bench trial of possession of marijuana. D.C.Code 1973, § 33-402. He contends that the evidence on which his conviction was based was the product of an unconstitutional search and seizure, and hence that the trial court committed reversible error in denying his motion to suppress the evidence. We affirm appellant's conviction. However, we remand the case for resentencing.

I

The trial court...

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