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ARNOLD v. UNITED STATES

No. 80-1077.

443 A.2d 1318 (1982)

Thomas ARNOLD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 31, 1982.

Attorney(s) appearing for the Case

Robert Mark Greenspan, Baltimore, Md., appointed by this court, for appellant.

John R. Fisher, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry and Cary M. Feldman, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before KELLY, KERN and NEBEKER, Associate Judges.

KERN, Associate Judge:

Following a jury trial, appellant was convicted of one count of second-degree burglary, D.C.Code 1973, § 22-1801(b); attempted second-degree burglary and one count of destruction of property, D.C.Code 1973, § 22-403.

The record reflects that after the jury was impaneled but before they were sworn, the government filed enhanced penalty papers under D.C.Code 1973, § 22-104(a), since appellant had been convicted for...

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