Burrell v. United States

223 A.2d 377, 1966 D.C. App. LEXIS 240

• Court: District of Columbia Court of Appeals
• Decided: October 31, 1966
• Docket: 3989
• Status: Published

Opinion

PER CURIAM:

During the course of a search of appellant’s room for narcotics undertaken pursuant to a search warrant validly issued for that purpose, police unexpectedly discovered a pistol and ammunition in a bottom dresser drawer. The arresting officer was aware that appellant had been previously convicted for carrying a concealed dangerous weapon without a license to do so. D.C. Code § 22-3204 (1961). Appellant was thereupon arrested and charged with unlawful possession of a pistol after he had been previously convicted for carrying a dangerous weapon in violation of D.C.Code § 22-3203(4) which prohibits any person previously convicted of a weapons offense ■under §§ 22-3201 to 22-3216 from owning ■or having possession of a pistol. After trial appellant was convicted and given a sentence of 45 days. Prior thereto, appellant had stipulated to his previous coriViction under § 22-3204.

Appellant contends that because of his earlier conviction the. trial court was required to apply the felony penalty of § 22-3203 and therefore had no' jurisdiction because that penalty exceeded the trial court’s statutory limitation of $1,000 or not more than one year’s imprisonment, or both.

It is true that § 22-3203 provides for a heavier penalty of imprisonment for not more than ten years after a second conviction under that section, but there was no proof that appellant had ever been convicted previously under § 22-3203 and therefore the felony penalty could not be invoked here. The charge against appellant was a misdemeanor and properly within the jurisdiction of the District of Columbia Court of General Sessions. The penalty for a first violation of § 22-3203 was authorized by § 22-3215 (not more than $1,000 or imprisonment for not more than one year, or both).

The conviction and penalty imposed are

Affirmed.