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PEERY v. U.S.

No. 01-CF-719.

849 A.2d 999 (2004)

David Van Buren PEERY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 13, 2004.

Attorney(s) appearing for the Case

David Van Buren Peery, pro se. Joanne M. Vasco, appointed by the court, filed a brief for appellant.

Richard S. Basile, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney, John R. Fisher, Barbara J. Valliere, and Julius Rothstein, Assistant United States Attorneys, were on the brief, for appellee.

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

KING, Senior Judge.

David Van Buren Peery was convicted of five counts of second-degree theft (D.C.Code § 22-3811 (1996)). He contends his convictions should be vacated because: (1) the trial judge impermissibly shifted the burden of proof from the government to the defense, and (2) the trial court erred in denying his motion for judgment of acquittal (MJOA), when the government failed to present sufficient evidence to prove he knowingly used his corporate charge...

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