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DAVIS v. U.S.

No. 88-120.

567 A.2d 36 (1989)

Ronnie T. DAVIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Walter S. Booth, Bethesda, Md., appointed by this court, for appellant.

Craig S. Iscoe, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, were on the brief, for appellee.

Before NEWMAN, TERRY, and STEADMAN, Associate Judges.

PER CURIAM:

Judge Learned Hand once wrote, "Prosecution and judgment are two quite separate functions; they must not merge." United States v. Marzano, 149 F.2d 923, 926 (2d Cir. 1945) (citations omitted). They merged in this case, to appellant's prejudice. We therefore must reverse his convictions of unauthorized use of a vehicle,1 malicious destruction of property,2

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