Wesley v. United States

547 A.2d 1022, 1988 D.C. App. LEXIS 168, 1988 WL 103113
CourtDistrict of Columbia Court of Appeals
DecidedOctober 6, 1988
Docket84-1704, 84-1734
StatusPublished
Cited by28 cases

This text of 547 A.2d 1022 (Wesley 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
Wesley v. United States, 547 A.2d 1022, 1988 D.C. App. LEXIS 168, 1988 WL 103113 (D.C. 1988).

Opinions

BELSON, Associate Judge:

Appellants challenge their convictions, by a jury, of two counts of armed robbery, D.C.Code §§ 22-2901, -3202 (1981 & 1987 Supp.), arising out of an incident that occurred in an abandoned barbershop on 7th Street, N.W. Appellant Wesley contends that the trial court abused its discretion by allowing the prosecutor to cross-examine him extensively about his admitted drug dealings prior to the incident. Go-appellant Boone raises three issues on appeal. First, he maintains that the evidence was insufficient to establish that he aided and abetted Wesley in committing the offenses. Second, he asserts that the trial court abused its discretion in denying his motions for mistrial and severance after the jury heard testimony suggesting his own involvement in drug dealings, both generally and with Wesley. Finally, he contends that prosecu-torial misconduct in closing argument and rebuttal warrants reversal of his convictions. Finding no error, we affirm.

I

The evidence, considered in the light most favorable to the government, shows that on the afternoon of November 28, 1982, George Murphy, Sandra Young, his fiancee, and Gregory Mulky, a friend, decided to go to the grocery store during the half-time break in the Washington Redskins football game they were watching on television. As Murphy was driving the three of them west on P Street, N.W., he saw another friend, Leonard Hawkins, standing under a bus shelter between Marion and 7th Streets, N.W., to keep out of the rain. Murphy stopped his car and got out to talk to Hawkins. After a short conversation, the two men decided to pool their money to buy some drugs.

While they were standing there, Murphy started to pull his money out of his pocket, but Hawkins cautioned him not to display it openly in that neighborhood. He suggested that they walk across the vacant lot next to the bus stop to an abandoned barbershop, where they could count their money in private. This barbershop, which faced 7th Street, was locked and boarded up on the front. The only access into the building was through the back doorway near an alley. The door itself was no longer in place.

As Murphy and Hawkins proceeded to the barbershop, Mulky got out of the car and followed them. Mulky went inside with the others briefly, then stepped outside, but stayed near the comer of the building, approximately five feet away, with his back to the door in order to provide protection for the two men. From where he was located, Mulky could see Murphy and Hawkins inside. Murphy and Hawkins, standing just inside the doorway, started counting their money.

A few minutes later, a car drove south on 7th Street, then turned left on P Street, where it stopped not far from Murphy’s car. John Wesley and Angelo Boone alighted and walked directly across the vacant lot to the back door of the barbershop. The car drove off and turned north on 6th Street. Twenty minutes earlier, Hawkins had seen Wesley, whom he knew as a drug [1024]*1024dealer, and Boone, whom he knew through his younger brother, standing with some others under a shelter on 7th Street just north of the barbershop.

As Wesley and Boone approached the barbershop, they exchanged greetings with Mulky outside. Boone stayed to talk with Mulky, whom he did not know, while Wesley walked into the barbershop. From his position just inside the door, Hawkins could see Boone outside standing on an embankment about ten feet away.

Once inside the barbershop, Wesley pulled a gun on Murphy and demanded, “Give it up.” In response, Murphy hollered, “Hold it. What are you doing? Hold up.” Murphy’s shout aroused Mulky from his conversation with Boone. Realizing that he had not provided the protection he intended, Mulky turned to go inside the barbershop, but saw Wesley holding the gun on Murphy. Immediately, Mulky started back toward Murphy’s car to get some help, leaving Boone standing five feet from the door.

Inside the barbershop, Murphy, reluctant to give up his money, let a $20 bill fall to the ground. As Murphy leaned over to pick it up, Wesley kicked him. Then, after Murphy handed Wesley the $68 he had, Wesley shot Murphy in the groin at close range. Next, Wesley put the gun to Hawkins’ stomach and demanded his money. Without hesitation, Hawkins gave Wesley the $63 he was holding.

During the robbery of Murphy, Boone stayed near the door of the barbershop until after the shooting. He then moved to a position in an alley about 40 feet away, where he waited for Wesley to come out of the building. When Wesley emerged, he ran to where Boone was standing. The two men fled together down the alley, then turned north on Marion Street.

Later that day, Hawkins went to Boone’s house to ask him about the robbery. Boone denied having been with Wesley during the robbery and denied knowing Wesley’s whereabouts. As Hawkins walked away, however, he heard Wesley calling from the direction of Boone’s house. Hawkins returned to talk with Wesley on the sidewalk outside the house. By that time, Boone had either gone back inside or was standing in the doorway. Wesley asked Hawkins whether he intended to testify against him. Hawkins replied that he had not yet decided.

The defense evidence consisted of Wesley’s testimony on his own behalf. Wesley testified that he had gone to the barbershop not to rob Murphy and Hawkins, but to “stash” drugs that he was selling, so that no one would steal them. He admitted on direct examination that in November 1982 he was supporting himself by selling narcotics and that on the day of the incident he had been selling drugs on 7th Street. He stated, without objection, that Boone knew he was going to the barbershop to hide his drugs. Wesley claimed that when he walked into the barbershop, he had on his person drugs and $2,000 cash from drug sales. He asserted that as he entered, Murphy drew a gun on him, which discharged when he pushed it away. He then fled, still in possession of his drugs and money and unaware that Murphy had been shot.

Boone did not testify or introduce any other evidence.

II

Wesley argues that the trial court erred in allowing the prosecutor to question him extensively about his drug dealings. After Wesley had testified on direct examination that he was a drug dealer and that on the day of the incident he had been so engaged, the prosecutor cross-examined him concerning the types of drugs he had sold that day; the times and places where he had been selling them; the prices he had been asking; his sources; and his sales techniques, including his use of the barbershop from time to time to hide his drugs and his employment of “runners” to bring in customers.

Wesley’s counsel failed to object to most of the questions as they were asked. Once, after objecting to specific questions about Wesley’s sources, his counsel objected to “this whole line of testimony,” appar[1025]*1025ently referring to the questions concerning sources. The court overruled this objection, although it sustained some of the specific objections concerning his sources’ names and physical descriptions. After Wesley had testified about his use of the barbershop to stash his drugs, his counsel again voiced a general objection to the “whole line of inquiry,” but did not move to strike, stating only that the testimony sought was irrelevant to the facts surrounding the incident and was elicited solely because “Mr.

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Bluebook (online)
547 A.2d 1022, 1988 D.C. App. LEXIS 168, 1988 WL 103113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesley-v-united-states-dc-1988.