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SMITH v. U.S.

No. 07-CO-303.

984 A.2d 196 (2009)

Derron SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 3, 2009.

Attorney(s) appearing for the Case

Patrick T. Hand, Washington, DC, appointed by the court, for appellant.

Courtney Gilligan-Saleski, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney at the time the brief was filed, and Roy W. McLeese III, Chrisellen R. Kolb, Amy Jeffress, and Justin Dillon, Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, BLACKBURNE-RIGSBY, Associate Judge, and NEWMAN, Senior Judge.

NEWMAN, Senior Judge:

Smith challenges his resentencing for manslaughter while armed as violative of the double jeopardy clause. Because we find the court increased Smith's sentence in which he had an expectation of finality, we remand with instructions to the court to reinstate the earlier sentence. In so doing, we recognize that the jurisprudential basis of our previous rulings construing Superior Court Rule of Criminal Procedure 35(b) as "jurisdictional" has been...

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