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PARKER v. U.S.

Nos. 87-565, 89-847 and 87-1332.

601 A.2d 45 (1991)

Charles E. PARKER, Appellant, v. UNITED STATES, Appellee. Sylvester J. LEWIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 20, 1991.

Attorney(s) appearing for the Case

Matthew C. Leefer, appointed by this court, for appellant Parker.

Mindy A. Daniels, appointed by this court, for appellant Lewis.

Eric M. Acker, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher, Elizabeth Trosman, G. Michael Lennon and J. Edward Agee, Asst. U.S. Attys., were on the brief, for appellee.

Before TERRY and STEADMAN, Associate Judges, and NEWMAN, Senior Judge.

STEADMAN, Associate Judge:

Appellants, the occupants of the front seat of a car on which was located a paper bag containing a quantity of drugs,1 were both convicted of possession of heroin with intent to distribute, D.C.Code § 33-541(a)(1) (1988), and simple possession of cocaine, id. § 33-541(d). During deliberations, the jury asked if it could convict on the offense of simple possession of heroin without reaching agreement...

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