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SCOTT v. DISTRICT OF COLUMBIA

No. 86-219.

539 A.2d 1085 (1988)

Daryl SCOTT, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided March 21, 1988.

Attorney(s) appearing for the Case

Philip Clarke Baten, Washington, D.C., appointed by the court, for appellant.

Mary L. Wilson, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Acting Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, and Lutz Alexander Prager, Asst. Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellee.

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

PER CURIAM:

Appellant went to trial on the charge of driving while under the influence of alcohol, D.C.Code § 40-716(b)(1) (1986). The trial court, without jury, convicted him not of that particular offense but instead of driving while his ability to do so was impaired by the consumption of alcohol, D.C. Code § 40-716(b)(2) (1986). In this appeal, appellant challenges the trial court's conclusion that driving while impaired is a lesser-included offense of...

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