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SMITH v. UNITED STATES

No. 14142.

406 A.2d 1262 (1979)

Maurice S. SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 8, 1979.

Attorney(s) appearing for the Case

Alexander G. Park, Bethesda, Md., appointed by the court, was on the brief for appellant.

Earl J. Silbert, U.S. Atty. Washington, D.C., when the brief was filed, and John A. Terry, Michael W. Farrell and H. Lowell Brown, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before NEBEKER, Associate Judge, and PAIR and YEAGLEY, Associate Judges, Retired.

NEBEKER, Associate Judge:

Appellant was convicted after a bench trial on one count of possession of narcotics, D.C.Code 1973, § 33-402, and one count of possession of a dangerous drug, D.C.Code 1973, § 33-702(a)(1)(A). On appeal, he claims that the court committed reversible error in not considering his second motion to suppress. We hold that where a case is dismissed without prejudice following a denial of a motion to suppress, that denial constitutes the...

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