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RAY v. UNITED STATES

Nos. 82-948, 82-967.

472 A.2d 854 (1984)

Kevin J. RAY, Appellant, v. UNITED STATES, Appellee. Jackson T. ELLERBE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 31, 1984.

Attorney(s) appearing for the Case

Prudence Bushnell, Bethesda, appointed by the court, with whom Jeffrey Lee Greenspan, Washington, D.C., was on the brief, for appellant Ray.

Richard J. Toth, Washington, D.C., for appellant Ellerbe.

Terence J. Keeney, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Michael W. Farrell, John R. Fisher, and Steven C. Tabackman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, MACK and BELSON, Associate Judges.

BELSON, Associate Judge:

Appellants each were convicted of two counts of robbery, D.C.Code § 22-2901 (1981), one count of second-degree burglary, id. § 22-1801(b), and one count of destruction of property, id. § 22-403. The two robbery counts arose out of a single occurrence. The destruction of property count and the burglary count (hereinafter together referred to as "burglary counts") arose...

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