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WHEELER v. U.S.

Nos. 97-CF-1150, 00-CO-994, 01-CO-66, 01-CO-851, 02-CO-931.

832 A.2d 1271 (2003)

Vyron WHEELER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 2, 2003.

Attorney(s) appearing for the Case

Judith A. Lovelace, appointed by the court, for appellant.

James Klein, Samia Fam, and Mercer Givhan, Public Defender Service, were on the brief for appellant in No. 97-CF-1150.

Nicole Lehtman, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese III, Barbara A. Grewe, Teresa Howie, and Mary E. McLaren, Assistant United States Attorneys, were on the brief, for appellee.

Before FARRELL and REID, Associate Judges, and NEWMAN, Senior Judge.

FARRELL, Associate Judge:

Vyron Wheeler was found guilty by a jury of second-degree murder while armed and possession of a prohibited weapon. Although he makes a variety of arguments for reversal, the only one requiring more than summary treatment is his contention that the trial judge erred in not giving his requested instruction on intoxication as a defense to second-degree murder. Rejecting as we do Wheeler's argument that in Comber v. United States,

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