Scott v. United States

392 A.2d 4, 1978 D.C. App. LEXIS 316
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 20, 1978
Docket11667
StatusPublished
Cited by21 cases

This text of 392 A.2d 4 (Scott 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
Scott v. United States, 392 A.2d 4, 1978 D.C. App. LEXIS 316 (D.C. 1978).

Opinions

PER CURIAM:

The jury convicted appellant Scott of carrying a pistol without a license, D.C. [5]*5Code 1973, § 22-3204.1 The court sentenced him to imprisonment for a period of 10 to 30 months. On appeal, he contends that the trial court erred (1) in instructing the jury that the “place of business” exception to § 22-3204 does not extend to “managers” unless they have a controlling proprietary or possessory interest, and (2) in characterizing appellant’s prior court-martial conviction as a “felony” conviction for the purpose of converting his sentence from a misdemeanor, pursuant to D.C.Code 1973, § 22-3215, to a felony. See note 1, supra. We reject both contentions and thus affirm.

I.

On March 15,1976, Officer John Webster and his partner, Officer Michael Wells, were assigned to photograph the exterior of Cliff’s Ford used ear lot located in Northeast Washington. Dressed in plain clothes, they drove there in one of the officer’s personal vehicles. Officer Webster testified that after arriving at the lot, he got out of the car and, while standing on the public sidewalk, began to take pictures. He then observed appellant come out of the Cliff’s Ford office with his hand on a partially exposed revolver, which was in a holster inside the waistband of his pants. Appellant approached the officer, walked onto the sidewalk, and snatched the camera from the officer’s hand. Appellant then backed away from the officer and, despite the fact that Officer Webster identified himself, appellant kept his hand on the gun and reentered the office. Officer Webster, joined by his partner, approached the office. Appellant met them there and handed them the camera. Upon searching the office, Officers Webster and Wells discovered a .25 caliber automatic pistol beneath appellant s office desk, as well as a .32 caliber revolver (the gun appellant carried from the office) beneath some tools in a back room.

Appellant testified that he confronted Officer Webster on the car lot itself, not on public property, and that he did not carry a gun out of the office.

The indictment charged appellant with four offenses: robbery while armed (D.C. Code 1973, §§ 22-2901, -3202), robbery (D.C.Code 1973, § 22-2901), assault with a dangerous weapon (D.C.Code 1973, § 22— 502), and carrying a pistol without a license (D.C.Code 1973, § 22-3204). After trial on June 22, 1976, the jury acquitted appellant of all charges except carrying a pistol without a license. Subsequently, the trial court evaluated information filed by the government that appellant had been convicted by general court-martial of assaulting a superior commissioned officer and other offenses, for which he had been sentenced to seven (reduced to four) years at hard labor. The judge then sentenced appellant to a term of 10 to 30 months as a prior felon. See D.C.Code 1973, §§ 22-3204, -3215 quoted in note 1, supra.

II.

Appellant contends, first, that the trial court erred when it instructed the jury that the “place of business” exception to D.C.Code 1973, § 22-3204, applies only to persons with a controlling proprietary or possessory interest in the premises. He maintains that the exception extends to persons, such as himself, who are on-the-scene property managers. Thus, he argues, the trial court should have instructed the jury that it only could convict appellant if it [6]*6found that he carried the pistol off of the premises.

The trial court instructed the jury as follows:

By “place of business,” it is meant, ladies and [gentlemen], a place where a person has a controlling proprietary or possesso-ry interest. The law does not cover employees, managers or other workers, unless they individually have a controlling, proprietary or possessory interest in the property. The fact that a person may have been robbed or in fear, or have a desire to protect himself while on his employer’s property does not constitute a defense to having a pistol, where someone worked, unless they individually have a controlling proprietary or possessory interest in the premises in question.

Appellant argues that this instruction was erroneous not only because it specifically suggested that a “manager” does not necessarily have a controlling interest but also because it runs afoul of a principle that must be read into the statute: “as to every place of business, there is a person in charge whom the statute implicitly authorizes to carry a pistol on the premises.” Appellant’s Brief at p. 8.

The statute, however, does not expressly —nor, we conclude, does it implicitly — create an exception allowing the person “in charge” of premises to carry a pistol without a license. The exception refers to a proprietary or possessory, not merely managerial, interest; i. e., in “his dwelling house or place of business or on other land possessed by him.” D.C.Code 1973, § 22-3204 (emphasis added; quoted in note 1, supra). As we stated recently in Berkley v. United States, D.C.App., 370 A.2d 1331, 1333 (1977): “[I]t is clear that Congress, in passing [§ 22-3204], intended drastically to limit the possession of guns in the District of Columbia . . . and we are convinced . that the exception is applicable only to those who have a controlling, proprietary or possessory interest in the business premises . . . .” See Roumel v. United States, D.C.App., 261 A.2d 240 (1970). We hold, accordingly, that the trial court’s instruction was correct.

III.

Appellant contends, next, that the trial court erred in sentencing him as a prior felon, based on his 1952 convictions by general court-martial of the following offenses: disrespect toward a superior commissioned officer (10 U.S.C. § 889 [1970]), assaulting a superior commissioned officer (10 U.S.C. § 890 [1970]), failure to obey a lawful order (10 U.S.C. § 892 [1970]), and breaking restrictions (10 U.S.C. § 934 [1970]). Assault on a superior commissioned officer and failure to obey a lawful order carry maximum prison terms of ten years and two years, respectively. Manual for Courts Martial, United States (rev. ed. 1969).

D.C.Code 1973, § 22-3204 provides in relevant part:

Whoever violates this section shall be punished as provided in section 22-3215, unless the violation occurs after he has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years.

The trial court, after finding that appellant had been sentenced to four years’ imprisonment by the military and then analogizing appellant’s conviction for assault upon a superior commissioned officer to felonious assault upon a police officer, D.C.Code 1973, § 22-505, sentenced appellant as a prior felon.2

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Bluebook (online)
392 A.2d 4, 1978 D.C. App. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-united-states-dc-1978.