Nos. 97-CF-771, 97-CO-1621, 99-CO-1661.

804 A.2d 342 (2002)

Ernest W. JOYNER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 8, 2002.

Attorney(s) appearing for the Case

Jonathan E. Rubens, Reston, VA, appointed by the court, for appellant.

Roy W. McLeese III, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and John R. Fisher, Robert Little, Vincent Caputy, Jr., and Thomas S. Rees, Assistant United States Attorneys, were on the brief, for appellee.

Before TERRY, FARRELL and RUIZ, Associate Judges.

RUIZ, Associate Judge.

Following a jury trial, Ernest Joyner was convicted of assault with a dangerous weapon,1 carrying a pistol without a license,2 and one count of possession of a firearm during a crime of violence ("PFCV").3 Although a mistrial was declared after the jury could not reach agreement on two additional counts — first degree murder while armed

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