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BYRD v. U.S.

No. 89-804.

598 A.2d 386 (1991)

Lindbergh BYRD, a/k/a Linwood Byrd, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 15, 1991.

Attorney(s) appearing for the Case

Betty M. Hunter, Washington, D.C., appointed by this court, for appellant.

James Klein, with whom Rosemary Herbert, Washington, D.C., was on the brief for Public Defender Service as amicus curiae.

Ann K.H. Simon, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher and Elisabeth A. Bresee, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, FERREN, TERRY, STEADMAN, SCHWELB and WAGNER, Associate Judges, and BELSON, Senior Judge.

STEADMAN, Associate Judge:

Arrested while driving a vehicle stolen the month before, appellant in this case was convicted both of unauthorized use of a vehicle ("UUV"), a crime under D.C.Code § 22-3815 (1989), and of receiving stolen property ("RSP"), a crime under D.C.Code § 22-3832 (1989), and was given consecutive sentences. The issue before us on appeal is a recurring one: where a defendant commits a single act which meets the requirements for conviction...

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