CLYBURN v. U.S.

Nos. 09-CF-1165, 09-CF-1173.

48 A.3d 147 (2012)

Jaroki E. CLYBURN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 28, 2012.


Attorney(s) appearing for the Case

Sloan S.J. Johnston , Public Defender Service, with whom James Klein , Public Defender Service, was on the brief, for appellant.

Andrea Hertzfeld , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Roy W. McLeese III and Lindsey Suttenberg , Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, GLICKMAN, Associate Judge, and REID, Senior Judge.


REID, Senior Judge:

A jury convicted appellant, Jaroki E. Clyburn, of multiple drug and weapons violations, including unlawful possession with intent to distribute a controlled substance (cocaine) while armed ("PWIDWA"), in violation of D.C.Code §§ 48-904.01(a) and 22-4502(a) (2001). Mr. Clyburn contends that the evidence was insufficient to permit imposition of the enhancement penalty found in D.C.Code § 22-4502(a),1 because...

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