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CASS v. DISTRICT OF COLUMBIA

No. 99-CT-969.

829 A.2d 480 (2003)

Brett C. CASS, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided July 31, 2003.

Order Granting Rehearing in Part and Denying Rehearing En Banc October 6, 2003.

Attorney(s) appearing for the Case

Thomas C. Willcox for appellant.

Sidney R. Bixler, Assistant Corporation Counsel, with whom Robert R. Rigsby, Corporation Counsel at the time the brief was filed, Charlotte W. Parker, Acting Deputy Corporation Counsel, and Rosalyn Calbert Groce, Director, Policy and Appeals Branch, were on the brief for appellee.

Before WAGNER, Chief Judge, and FARRELL and RUIZ, Associate Judges.

RUIZ, Associate Judge:

Brett Cass was convicted of possessing an alcoholic beverage while he was under twenty-one years of age, see D.C.Code § 25-130(a) (Supp.2000), and sentenced to nine months of probation, under D.C.Code § 25-130(b-1), a $300 fine under D.C.Code § 25-130(b-2), and 40 hours of community service work.1 While Cass does not dispute that he violated the Alcoholic Beverage Control Act ("ABC Act"), he...

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