JOHNSON v. DISTRICT OF COLUMBIA

No. 03-CT-1016.

853 A.2d 207 (2004)

Michael T. JOHNSON, Appellant v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided July 8, 2004.


Attorney(s) appearing for the Case

Morton Hollander, Bethesda, MD, for appellant. Robert H. Hollander, appointed by the court, was on the brief for appellant.

Sidney R. Bixler, Assistant Corporation Counsel, with whom Robert J. Spagnoletti, Corporation Counsel, Edward E. Schwab, Deputy Corporation Counsel, and Rosalyn Calbert Groce, Supervisory Corporation Counsel, were on the brief, for appellee.

John P. Mannarino, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney at the time the brief was filed, and John R. Fisher, Assistant United States Attorney, were on the brief, for the United States as amicus curiae.

Before TERRY and RUIZ, Associate Judges, and NEBEKER, Senior Judge.


TERRY, Associate Judge:

Appellant was charged by information with indecent exposure. In this interlocutory appeal, appellant contends that the trial court erred in denying his motion to dismiss the information.

During a search incident to his arrest for indecent exposure, the police recovered a small bag of marijuana from appellant's pocket. The United States Attorney (on behalf of the United States) charged appellant with possession of marijuana, and the...

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