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Blair v. United States

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Submitted February 5, 2002

On June 9, 1993, appellant Mr. Bobby Blair was indicted for seven counts relating to crimes committed in March 1993. On September 3, 1993, Mr. Blair pleaded guilty to two charges of robbery, in violation of D.C. Code � 22-2901 (2000) and one charge of armed robbery, in violation of D.C. Code �� 22-2901, -3202 (2000). Mr. Blair now challenges, pro se, the trial court’s denial of his Motion to Vacate Conviction pursuant to D.C. Code � 23-110 (2000). He principally argues that he was denied effective assistance of counsel when his trial counsel failed to challenge the “armed robbery”charge because there is no such specified offense in the D.C. Code. We affirm.

Mr. Blair’s argument is unavailing because his claim relies upon the faulty premise that the crime of armed robbery does not exist because it is not specified in the D.C. Code. Armed robbery has long been established as an independent crime in this jurisdiction. See e.g., Ellis v. United States, 395 A.2d 404, 413 (D.C. 1978); Washington v. United States, 366 A.2d 457, 461 (D.C. 1976). Thus, as the indictment was valid, Mr. Blair’s counsel was not ineffective. *fn1

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