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LAGON v. UNITED STATES

No. 81-500.

442 A.2d 166 (1982)

Van D. LAGON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 24, 1982.

Attorney(s) appearing for the Case

Kenneth E. Labowitz, Alexandria, Va., appointed by this court, for appellant.

Richard A. Stanley, Asst. U.S. Atty., Washington, D.C., with whom Charles F.C. Ruff, U. S. Atty., John A. Terry, and John R. Fisher, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and FERREN and PRYOR, Associate Judges.

NEWMAN, Chief Judge:

The question for decision in this appeal is whether D.C.Code 1981, § 22-104a, which authorizes the imposition of enhanced penalties for habitual criminals, may be applied to a defendant who is convicted of a felony which itself authorizes additional penalties because the defendant committed the felony while armed. We hold that an enhanced penalty by virtue of the defendant's previous convictions is permissible regardless of the fact that...

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