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GARDNER v. U.S.

No. 98-CF-609.

898 A.2d 367 (2006)

Ivery Y. GARDNER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 4, 2006.

Attorney(s) appearing for the Case

Mary Manning Petras for appellant.

Chrisellen R. Kolb, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney at the time of oral argument, and Kenneth L. Wainstein, United States Attorney, Roy W. McLeese, III and Elizabeth Trosman, Assistant United States Attorneys, were on the brief, for appellee.

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

KING, Senior Judge:

On February 14th, 1995, Razell McCoy, Charles Johnson, and Tayron Fleming were shot and killed while seated in a burgundy Nissan Maxima parked near the intersection of Georgia Avenue and Buchanan Street, in the northwest quadrant of the District of Columbia. In November 1997, a jury convicted appellant Ivery Gardner of three counts of second-degree murder1 as lesser included offenses of first-degree murder,

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