Darius Briscoe v. United States

181 A.3d 651
CourtDistrict of Columbia Court of Appeals
DecidedMarch 29, 2018
Docket15-CF-1369
StatusPublished
Cited by3 cases

This text of 181 A.3d 651 (Darius Briscoe v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darius Briscoe v. United States, 181 A.3d 651 (D.C. 2018).

Opinions

Concurring opinion by Associate Judge McLeese at page 665.

Separate Statement by Associate Judge Thompson at page 666.

Opinion by Senior Judge Ruiz dissenting in part at page 667.

Thompson, Associate Judge:

A jury convicted appellant Darius Briscoe of armed robbery, assault with a dangerous weapon ("ADW"), and two counts of possession of a firearm during a crime of violence ("PFCV"). Appellant asserts that the government violated Superior Court Criminal Procedure Rule 16 and his rights under Brady v. Maryland1 by failing to obtain and produce the contents of a surveillance camera attached to an apartment building located on the street where the offenses occurred, and he argues that the government should have been sanctioned for that conduct. He also argues that the trial court erred in assuming that it was required to impose the statutory five-year mandatory-minimum sentence for a "while armed" crime of violence and the same mandatory-minimum sentence for PFCV, and in failing to recognize that it could exercise sentencing discretion under the Youth Rehabilitation Act ("YRA"). Reviewing appellant's claims for plain error, we conclude that appellant is not entitled to relief. Accordingly, we affirm.

I.

Trial in this case commenced on October 8, 2015. The evidence showed that on June 21, 2015, Troy Thomas was assaulted and robbed at gunpoint by a man he later identified from a photo array as appellant. Thomas had just stopped at a convenience *654store to bet on horse races. As he was leaving the store, he saw appellant approaching with a bicycle. As Thomas was walking home, appellant stopped him in an alleyway, pointed a handgun at him from approximately ten to fifteen feet away, and said, "I heard you been hitting them horses. Hand that shit up." Four other people then joined appellant in the alleyway, whereupon appellant ordered them to search Thomas's pockets. After the search, the group took Thomas's phone, wallet, identification cards, Metro transportation card, and sixty dollars in cash. Appellant then pulled the trigger of the handgun. When no shot fired, Thomas took off running.

Thomas, afraid to return home that night, fled to his girlfriend's home. The following morning, when he returned home, he found officers responding to a different incident on his street, informed one of them about the previous night's robbery, and described his assailant. The next day, Thomas saw appellant coming down his street on a scooter and called Detective Sean Crowley of the Metropolitan Police Department ("MPD") to report the sighting. After hearing a lookout broadcast over the radio, MPD Officer Caleb Bacon spotted appellant, whom he recognized by name, on a scooter and chased him. Appellant got away, but Officer Bacon provided information as to appellant's identity to Detective Crowley, who prepared a nine-person photo array containing appellant's picture. From that array, Thomas identified appellant as the person with the gun who had robbed him.

The government's trial evidence included video surveillance footage from a camera located outside the convenience store.2 Thomas identified appellant in the convenience store video footage. MPD Investigator Sean Rutter testified that he had spotted a surveillance camera in the rear of an apartment building that looked into the alley where the incident occurred. However, Investigator Rutter "was not able to make contact with the homeowner" and, therefore, never received any footage the camera may have contained. Rutter also testified that he was "not sure" whether the camera "was fake" and that in his experience, "half of the time," cameras are "put up for deterrence purposes" only and do not actually work.

Appellant did not testify, but his trial counsel argued mistaken identity. Counsel told the jury that the man shown in the convenience store surveillance video looked like, but was not, appellant.

Citing Brady and Super. Ct. Crim. R. 16, appellant now asserts that "[t]he government did not preserve [the footage from the surveillance camera attached to the apartment building], and because of its failure, [he] was prejudiced," a circumstance that he contends warranted sanctions against the government. Appellant also argues that the sentence the trial court imposed was based on an "incorrect understanding of the law," because the YRA "supersedes the mandatory minimum in this case."

II.

As to appellant's Brady and Rule 16 claims, the rule that guides our analysis is that where-as here-"defense counsel fails to move for the production of evidence and does not request the imposition of sanctions against the government for failing to preserve discoverable material, the trial court's failure to sua sponte impose a sanction will only be reversed upon a finding of plain error." Sheffield v. United States , 397 A.2d 963, 968 (D.C. 1979).

*655Where no objection was made during the sentencing proceeding, this court applies plain-error review to a claim that the trial court erroneously believed that the sentence it imposed was mandatory. See Veney v. United States , 738 A.2d 1185, 1198 (D.C. 1999). The plain error test requires that there "be (1) 'error,' (2) that is 'plain,' and (3) that 'affects substantial rights.' " Johnson v. United States , 520 U.S. 461, 466-67, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997) (internal brackets omitted) (quoting United States v. Olano , 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) ). "If all three conditions are met, an appellate court may then exercise its discretion to notice a forfeited error, but only if (4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings." Id. at 467, 117 S.Ct. 1544 (internal quotation marks and brackets omitted).

Our review of questions of statutory interpretation is de novo . Peterson v. United States , 997 A.2d 682, 683 (D.C. 2010).

III.

We can dispose of appellant's first claim summarily. To establish a Brady

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Bluebook (online)
181 A.3d 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darius-briscoe-v-united-states-dc-2018.