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PEAY v. U.S.

No. 05-CF-898.

924 A.2d 1023 (2007)

William C. PEAY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 17, 2007.

Attorney(s) appearing for the Case

William G. Dansie, appointed by the court, and Betty J. Clark, were on the brief for appellant.

Jeffrey A. Taylor, United States Attorney, and Kenneth L. Wainstein, United States Attorney at the time the case was submitted, and Roy W. McLeese III, Elizabeth Trosman, Luis Andrew Lopez, Lisa H. Schertler and Barry Wiegand, Assistant United States Attorneys, were on the brief for appellee.

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

KING, Senior Judge:

Following a jury trial, William Peay was found guilty of four counts of assault with a deadly weapon (automobile) ("ADW"), in violation of D.C.Code § 22-402 (2001), and one count of felony destruction of property, in violation of D.C.Code § 22-303 (2001). On appeal, Peay argues (1) that the four counts of ADW should merge, and (2) that the trial court erred by constructively amending the indictment. Additionally, because we observed that...

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