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DISTRICT OF COLUMBIA v. FITZGERALD

No. 05-CT-1428.

939 A.2d 65 (2007)

DISTRICT OF COLUMBIA, Appellant, v. Mark L. FITZGERALD, Appellee.

District of Columbia Court of Appeals.

Decided December 20, 2007.

Attorney(s) appearing for the Case

Janice Y. Sheppard, for appellant.

Mark Fitzgerald, Washington, pro se.

Before WASHINGTON, Chief Judge, and REID and THOMPSON, Associate Judges.

REID, Associate Judge:

Appellant, the District of Columbia, appeals the trial court's judgment in which it declined to enhance appellee Mark L. Fitzgerald's penalty for driving under the influence in the District of Columbia, in violation of D.C.Code § 50-2201.05(b)(1)(A) (2001). Mr. Fitzgerald previously was convicted of operating a motor vehicle after illegally consuming alcohol, in violation of Va.Code Ann. §...

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