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TIMBERLAKE v. U.S.

No. 97-CF-1849.

758 A.2d 978 (2000)

Leroy TIMBERLAKE, Jr., Appellant, v. UNITED STATES of America, Appellee.

District of Columbia Court of Appeals.

Decided September 7, 2000.

Attorney(s) appearing for the Case

Richard K. Gilbert, Washington, DC, appointed by this court, for appellant.

Alex J. Bourelly, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher, Elizabeth Trosman, and Ricardo J. Nunez, Assistant United States Attorneys, were on the brief, for appellee.

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

RUIZ, Associate Judge:

This case presents our first opportunity to substantively construe D.C.Code § 22-723(a) (1996), which makes it a crime to tamper with physical evidence. Section 22-723(a) reads in full:

A person commits the offense of tampering with physical evidence if, knowing or having reason to believe an official proceeding has begun or knowing that an official proceeding is likely to be instituted,

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