FRANCIS v. U.S.

No. 96-CF-442.

715 A.2d 894 (1998)

Michelle FRANCIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 6, 1998.


Attorney(s) appearing for the Case

Richard Greenlee, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.

Megan E. Hills, Assistant United States Attorney, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, and John R. Fisher, Thomas J. Tourish, Jr., and June M. Jeffries, Assistant United States Attorneys, were on the brief, for appellee.

Before TERRY and STEADMAN, Associate Judge, and BELSON, Senior Judge.


STEADMAN, Associate Judge:

In this appeal, we are required to address a trial court's power to modify a sentence in the course of a sentencing procedure that extended over a five-week period. The upward modification came about when the trial court discovered that appellant would likely receive presentence credit for time spent in a halfway house, thus frustrating the court's intent, expressed at the initial sentencing hearing, to have appellant actually serve two...

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