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BROWN v. U.S.

No. 00-CO-572.

795 A.2d 56 (2002)

Anthony BROWN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 4, 2002.

Attorney(s) appearing for the Case

Anthony Brown, pro se.

Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and John R. Fisher and Thomas J. Tourish, Jr., Assistant United States Attorneys, Washington, DC, were on the brief for appellee.

Before STEADMAN and GLICKMAN, Associate Judges, and BELSON, Senior Judge.

GLICKMAN, Associate Judge:

This is an appeal from the denial of a motion to vacate multiple armed rape and sodomy convictions on double jeopardy grounds. We hold that because the motion, which was filed pursuant to D.C.Code § 23-110 (1996), properly is viewed instead as one to correct an illegal sentence pursuant to Super. Ct.Crim. R. 35(a), the double jeopardy claim is not barred by the movant's failure to show cause...

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