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DIGGS v. U.S.

Nos. 03-CF-1193, 03-CF-1350.

906 A.2d 290 (2006)

Donnell DIGGS and Francisco Kipette, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 31, 2006.

Attorney(s) appearing for the Case

Joanne Vasco, appointed by the court, was on the brief, for appellant Donnell Diggs.

Corinne Beckwith, Public Defender Service, with whom James Klein and Jaclyn S. Frankfurt, Public Defender Service, were on the brief, for appellant Francisco Kipette.

John P. Mannarino, with whom Kenneth L. Wainstein, United States Attorney, and Roy W. McLeese III, Thomas J. Tourish, Jr., Thomas A. DiBiase, and Jeannie S. Rhee, Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, REID, Associate Judge, and NEBEKER, Senior Judge.

REID, Associate Judge:

After a jury trial, codefendants Donnell Diggs and Francisco Kipette were convicted of the lesser-included offense of car jacking after being indicted on the charge of armed car jacking, in violation of D.C.Code §§ 22-2803, -4504 (2001); unauthorized use of a vehicle, in violation of § 22-3215; and first-degree theft, in violation of § 22-3211.1 On appeal...

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