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TIBBS v. U.S.

Nos. 88-CF-993 and 92-CO-1238.

628 A.2d 638 (1993)

Paul R. TIBBS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 19, 1993.

Attorney(s) appearing for the Case

Andrew J.J. Delehanty, Washington, DC, appointed by this court, was on the brief for appellant.

Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John R. Fisher, Roy W. McLeese, III, Elizabeth Trosman, David Schertler, and Anthony Asuncion, Asst. U.S. Attys., Washington, DC, were on the brief for appellee.

Before ROGERS, Chief Judge, and TERRY and SULLIVAN, Associate Judges.

TERRY, Associate Judge:

Appellant was charged by indictment with one count of armed robbery.1 His first trial ended in a mistrial when the jury was unable to reach a unanimous verdict, but after a second trial he was found guilty as charged. From the judgment of conviction he noted an appeal (No. 88-CF-993). While that appeal was pending, he filed a motion in the trial court to vacate his sentence under D.C.Code § 23-110 (1989), claiming...

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