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NERO v. DISTRICT OF COLUMBIA

No. 06-CT-269.

936 A.2d 310 (2007)

Jimmy NERO, Jr., Appellant v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided November 29, 2007.

Attorney(s) appearing for the Case

Kenneth W. Cowgill, appointed by the court, for appellant.

Stacy L. Anderson, Assistant Attorney General, with whom Linda Singer, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Rosalyn Calbert Groce, Deputy Solicitor General, was on the brief, for appellee.

Before NEWMAN, BELSON, and KING, Senior Judges.

NEWMAN, Senior Judge:

Appellant Jimmy Nero was charged by information with driving under the influence of drugs, in violation of D.C.Code § 50-2201.05(b)(1) (2001), and failing to obey the lawful order of a police officer, in violation of 18 DCMR § 2000.2 (2006). During cross-examination of Nero at his first trial, it was discovered that Nero was under the influence of Phencyclidine ("PCP"). After this discovery, trial counsel, over the objection of Nero...

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