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WOMACK v. U.S.

No. 93-CF-1548.

673 A.2d 603 (1996)

David L. WOMACK, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 14, 1996.

Attorney(s) appearing for the Case

Jon W. Norris, Public Defender Service, with whom James Klein and Gretchen Franklin, Public Defender Service, were on the brief, for appellant.

Nancy B. Bukas, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher and Patricia Stewart, Assistant United States Attorneys, were on the brief, for appellee.

Before SCHWELB and RUIZ, Associate Judges, and GALLAGHER, Senior Judge.

Opinion for the court by Associate Judge SCHWELB.

Dissenting opinion by Associate Judge RUIZ at p. 614.

SCHWELB, Associate Judge:

On August 10, 1993, following the denial of his motion to suppress an out-of-court identification, tangible evidence, and statements, appellant David Womack was convicted of rape while armed,1 possession of a firearm during a crime of violence or a dangerous offense,2

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