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Rex T. Pelote v. District of Columbia

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Argued November 17, 2009

Before RUIZ and THOMPSON, Associate Judges, and FERREN, Senior Judge.

Appellant was convicted on one count each of fleeing from a law enforcement officer*fn2 and reckless driving.*fn3 He received consecutive prison sentences of 28 months for the flight conviction and three months for reckless driving, to be followed by three years of supervised release. He contends that (1) the District of Columbia lacked authority to prosecute the flight charge; (2) the trial court committed reversible error by denying his motion for a mistrial and allowing the trial to proceed once the jury had heard that appellant was under surveillance for criminal activity not at issue in this case; and (3) the convictions merge under the double jeopardy clause of the Fifth Amendment, requiring that one be vacated. We reject the first two contentions, agree with the third, and thus remand for vacation of one of appellant’s two convictions.

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