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MORTON v. U.S.

No. 91-CF-929.

620 A.2d 1338 (1993)

Allen C. MORTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 23, 1993.

Attorney(s) appearing for the Case

David Carey Woll, Kensington, MD, appointed by the court, for appellant.

Steven D. Mellin, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Abby J. Stavitsky, and Roy W. McLeese, III, were on the brief, for appellee.

Before TERRY, SCHWELB and FARRELL, Associate Judges.

FARRELL, Associate Judge:

Following his plea of guilty to unlawfully possessing cocaine with intent to distribute it while armed (D.C.Code §§ 33-541(a)(1) (1988), 22-3202 (1989)), appellant moved to withdraw his plea before sentencing on the grounds that the trial judge had failed to insure that a factual basis existed for the armed element of the offense, and that, in any event, withdrawal was in the interest of justice under Super.Ct.Crim.R. 32(e) (1992...

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