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Bell v. United States

The D.C. Court of Appeals affirmed convictions entered by the D.C. Superior Court after the defendant was convicted, following a jury trial, of armed robbery, possession of a firearm during a crime of violence, and possession of a prohibited weapon with the intent to use it unlawfully. On appeal, he claimed that a variety of the trial court's decisions violated his right to present a defense. In addition, he argued that the trial court erred in failing to instruct the jury on assault as a lesser-included offense of armed robbery and in allowing the defendant to waive his right to counsel. Lastly, he argued that the two weapons convictions merge. "Having considered the arguments and reviewed the record," the appeals court affirmed.

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Argued May 24, 2006

Before FARRELL and RUIZ, Associate Judges, and SCHWELB, Senior Judge.*fn2

Appellant was convicted of armed robbery, possession of a firearm during a crime of violence (PFCV), and possession of a prohibited weapon with the intent to use it unlawfully (PPW). On appeal, he claims that the trial court violated his right to present a defense by 1) allowing a proffered defense witness to invoke his Fifth Amendment privilege without taking the stand; 2) refusing to admit that witness’s purported confession, exculpating appellant, as a statement against penal interest; 3) denying his request to instruct the jury on voluntary intoxication, and 4) barring as untimely his attempt to present an insanity defense. In addition, appellant argues that the trial court erred in failing to instruct the jury on assault as a lesser-included offense of armed robbery and allowing appellant to waive his right to counsel. Lastly, he argues that the two weapons convictions merge. Having considered the arguments and reviewed the record, we affirm.

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