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SMITH v. U.S.

Nos. 93-CF-1359, 94-CO-1133, 94-CO-1672.

686 A.2d 537 (1996)

Kevin SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 27, 1996.

Attorney(s) appearing for the Case

Jody Goodman, appointed by the court, Washington, DC, for appellant.

E. Vaughn Dunnigan, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Thomas J. Tourish, Jr., and Joan Draper, were on the brief, for appellee.

Before WAGNER, Chief Judge, and TERRY, Associate Judge, and BELSON, Senior Judge.

WAGNER, Chief Judge:

Appellant, Kevin Smith, was indicted for second-degree murder while armed (D.C.Code §§ 22-2403, -3202 (1996)). Following a jury trial, Smith was convicted of voluntary manslaughter while armed, the lesser-included offense of the offense charged in the indictment. The trial court (Judge Peter Wolf) sentenced Smith to a term of incarceration of fourteen years to life, and Smith noted an appeal. He filed post-trial

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