Washington v. United States

689 A.2d 568, 1997 WL 57111
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 13, 1997
Docket92-CF-493, 95-CO-18
StatusPublished
Cited by15 cases

This text of 689 A.2d 568 (Washington 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
Washington v. United States, 689 A.2d 568, 1997 WL 57111 (D.C. 1997).

Opinion

689 A.2d 568 (1997)

David R. WASHINGTON, Appellant,
v.
UNITED STATES, Appellee.

Nos. 92-CF-493, 95-CO-18.

District of Columbia Court of Appeals.

Argued September 12, 1996.
Decided February 13, 1997.

*570 Richard T. Brown, with whom Mark Rochon, Washington, DC, was on the brief, for appellant.

Chun T. Wright, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Assistant United States Attorney, were on the brief, for appellee.

Before RUIZ and REID, Associate Judges, and KRAMER, Associate Judge, Superior Court.[*]

KRAMER, Superior Court Associate Judge:

At the conclusion of a jury trial, appellant, David R. Washington, was convicted of assault with intent to kill while armed;[1] possession of a firearm during a crime of violence;[2] carrying a pistol without a license;[3] possession of an unregistered firearm;[4] and unlawful possession of ammunition.[5] His direct appeal of those convictions was stayed to permit him to file with the trial court a motion to vacate the conviction and sentence pursuant to D.C.Code § 23-110 (1996) alleging ineffective assistance of trial counsel. Although the trial judge scheduled the matter for an evidentiary hearing, both sides stipulated that no hearing was necessary on the § 23-110 motion. The trial judge denied the motion by written order. Appellant appealed this denial and his direct appeal and his collateral appeal were consolidated. Appellant seeks reversal of his convictions on the ground that he was denied the effective assistance of trial counsel. We affirm the convictions.

I.

The evidence at trial was that at around 2:00 a.m. on June 15, 1990, Marvin Franklin and his girlfriend, Adrienne Edwards, left Franklin's home and went for a walk in the area of 18th and Q Streets, Southeast, in Washington, D.C. Franklin, who knew the area well, spotted a man and woman unknown to him standing on a corner. Franklin inquired who they were. Taking umbrage at this inquiry, the unknown man said to Franklin: "You want to know who I am? I will show you who I am." A fist fight then ensued between Franklin and the unknown man, while a crowd of people watched. During this fight, the unknown woman walked down the street toward appellant's house.

As they fought, Franklin heard the unknown man say, "Give it to me, I will do it!" Franklin then heard a gunshot and felt a bullet strike him in his left side. Seconds later another shot was fired, and Franklin "looked to see who was pulling the trigger." Franklin testified that he saw appellant, who was known to him as "Stink," about ten feet away with a gun in his hand. The second shot struck Franklin in his stomach, causing him to fall. According to Franklin, appellant then walked to within three or four feet of him and fired a third shot into his stomach. Believing that appellant was trying to kill him, Franklin turned his head to the side and closed his eyes. He then heard footsteps running away.

As soon as the police arrived on the scene, Franklin told them that he had been shot by "Stink," whom he described as "a short fat guy" wearing "gray pants and a light colored top." Franklin told them that "Stink" lived in the "second house on the right" and pointed toward appellant's house. Franklin had known appellant from the neighborhood for about three years. The "second house on the *571 right," identified by the police as 1630 Q Street, Southeast, was appellant's house.

Within minutes, the police located appellant at his house and returned him to the crime scene. There, as appellant talked with a detective on the street, Franklin's girlfriend, Adrienne Edwards, identified him as the man she had seen shoot Franklin. The police later took appellant to the hospital, where Franklin unequivocally identified him as the shooter. Both Franklin and Edwards made in-court identifications of appellant at trial.

Appellant denied shooting Franklin and denied being out on the street at the time of the shooting. Instead, he presented defenses of alibi and misidentification. Appellant testified that throughout the night of the shooting, he had been drinking with friends near his home and had left his friends only briefly to go to the liquor store for more alcohol. Finally, he went home with his girlfriend, Siesa Redmon, and a relative, Kendra Ross. Shortly thereafter, he went to sleep in his basement bedroom, where his brother and sister-in-law were already asleep. Redmon woke him when she heard what sounded like shooting outside. He testified that when he learned the police had come to his home, he put on his clothes and went upstairs to speak with them. Appellant's testimony was corroborated by his sister, Jacqueline Moore, his brother, Bernard Johnson, his nephew, Tony Spencer, and Redmond and Ross.

Appellant argues that his convictions should be overturned because his trial counsel was ineffective. His first basis for this claim is counsel's failure to file a motion to suppress the identification of Franklin's girlfriend, Adrienne Edwards. His second basis is counsel's failure to request a jury instruction on the defense of intoxication.

II.

Claims of ineffective assistance of counsel must be evaluated within the context of the principles set down in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under Strickland, to prevail on a claim of ineffective assistance of counsel, a defendant must show both that the performance of counsel was deficient and that he was prejudiced by the deficiency. To meet the Strickland test, a defendant must show "that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment." Id. at 687, 104 S.Ct. at 2064. In that respect, a court must take account of "the variety of circumstances faced by defense counsel" and "the range of legitimate decisions regarding how best to represent a criminal defendant." Id. at 689, 104 S.Ct. at 2065. To show prejudice, a defendant must establish that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694, 104 S.Ct. at 2068. See also Zanders v. United States, 678 A.2d 556, 569 (D.C.1996); McAdoo v. United States, 515 A.2d 412, 419 (D.C.1986). The trial court may address the two Strickland prongs in any order; it need not consider the adequacy of counsel's performance if it finds the defendant has not established prejudice. Strickland, supra, 466 U.S. at 697, 104 S.Ct. at 2069-70; see also Ellerbe v. United States, 545 A.2d 1197, 1198 (D.C.), cert. denied, 488 U.S. 868, 109 S.Ct. 174, 102 L.Ed.2d 144 (1988).

"It is established in this jurisdiction that `[t]he finding of ineffective assistance of counsel is a mixed question of law and fact... and upon review, [the appellate court] will not reverse the trial court's findings of fact if they are supported by evidence in the record.'" Johnson v. United States, 613 A.2d 888, 893 (D.C.1992) (quoting Curry v. United States, 498 A.2d 534, 540 (D.C.1985)).

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Bluebook (online)
689 A.2d 568, 1997 WL 57111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-united-states-dc-1997.