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BROWN v. U.S.

Nos. 87-130, 87-856.

554 A.2d 1157 (1989)

Vernando E. BROWN, Appellant, v. UNITED STATES of America, Appellee.

District of Columbia Court of Appeals.

Decided March 9, 1989.

Attorney(s) appearing for the Case

Peter H. Meyers, Washington, D.C., appointed by the court, for appellant.

Heidi M. Pasichow, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and Michael W. Farrell, Elizabeth Trosman, and Daniel Friedman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, SCHWELB, Associate Judge, and PRYOR, Senior Judge.

ROGERS, Chief Judge:

In this appeal appellant Vernando E. Brown contends that his conviction of possession of cocaine with intent to distribute in violation of D.C.Code § 33-541(a)(1) (1988 Repl.) must be reversed because the trial judge instructed the jury that she had "wide latitude" in sentencing appellant, in accordance with Criminal Jury Instructions for the District of Columbia, No. 2.71 (3d ed. 1978), and because the prosecutor so argued to the jury in...

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