United States v. Hamilton

465 A.2d 843, 1983 D.C. App. LEXIS 458

• Court: District of Columbia Court of Appeals
• Decided: August 22, 1983
• Docket: 82-1451
• Status: Published

Opinions

ORDER

PER CURIAM.

Upon consideration of the Petition for Writ of Mandamus, the Oppositions thereto, and the Petitioner’s Reply, and it appearing that the trial court violated the provisions of Super.Ct.R.Crim.P. 35(a) by reducing the sentence it had imposed in United States v. Johnson, Criminal No. 130-81,149 days earlier, and it further appearing that this court has rendered its opinion in United States v. Hamid, 461 A.2d 1043 (D.C.1983), subsequent to the trial court’s untimely order reducing the sentence, it is

ORDERED that the petition is denied with the expectation that the trial court will conform its order to the law decided by United States v. Nunzio, 430 A.2d 1372 (D.C.1981); United States v. Addonizio, 442 U.S. 178, 99 S.Ct. 2235, 60 L.Ed.2d 805 (1979).

* See United States v. Moultrie, 340 A.2d 828 (D.C.1975).

Our dissenting colleague reads the record to fit his conclusions and would have us ignore the plain dictates of the binding precedent in this jurisdiction.