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PERRY v. UNITED STATES

Nos. 88-194, 88-424 and 88-510.

571 A.2d 1156 (1990)

Michael PERRY, Appellant, and Derwin B. Straite, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Greta C. Van Susteren, Washington, D.C., appointed by this court, for appellant Perry.

Steven R. Kiersh, Washington, D.C., appointed by this court, for appellant Straite.

Ann K.H. Simon, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell, Asst. U.S. Atty. at the time the brief was filed, and William R. Martin, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before BELSON and STEADMAN, Associate Judges, and KERN, Senior Judge.

KERN, Senior Judge:

A jury found both appellants guilty of burglarizing and then attempting to steal clothing from a Georgetown store in the early morning hours. The jurors also convicted appellant Perry of shooting to death a member of the Metropolitan Police Department who responded to the store's alarm system which the break-in had triggered. We affirm but remand for further proceedings as to the sentencing.1

Perry was caught...

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