April 4, 2019
[Copyrighted Material Omitted]
from the Superior Court of the District of Columbia, (2015
CF2 008219), (Hon. Juliet J. McKenna, Trial Judge)
Wicks, Washington, was on the brief for appellant Erwin
K. Liu, United States Attorney, and Elizabeth Trosman, T.
Anthony Quinn, and Chrisellen R. Kolb, Assistant United
States Attorneys, were on the brief for appellee.
Fisher, Beckwith, and McLeese, Associate Judges.
convicted appellant Erwin Dubose, Jr., of possession with
intent to distribute cocaine while armed, possession of a
firearm during a crime of violence or dangerous offense
("PFCV"), carrying a pistol without a license
("CPWL"), possession of an unregistered firearm
("UF"), unlawful possession of ammunition
("UA"), and possession of a large capacity
ammunition feeding device. We affirmed his convictions on
direct appeal. See Dubose v. United States,
No. 16-CF-610, Mem. Op. & J., 176 A.3d 172 (D.C. Sept. 12,
2017). The trial court subsequently denied relief under D.C.
Code § 23-110 (2012 Repl.), and this appeal followed. We
June 16, 2015, Metropolitan Police Department
("MPD") Officers Van Hook and McGinnis responded to
a radio call for a black male wearing jeans, a white tank
top, and a colorful hat, carrying a gun in front of 830
Crittenden Street, N.W. The officers saw a man matching the
description at the intersection of 8th and Crittenden
Streets. Officer Van Hook stopped the police vehicle and
asked to talk to the man, and the man took off running.
Officers Heffelman and Fitzgerald arrived at the scene and
Officers Van Hook and McGinnis eventually brought appellant
to the ground.
Appellant told the officers, "Im going to tell you, Im
going to tell you, its in my waist, its in my waist."
An officer felt a hard object in appellants waistband which
he recognized to be a gun. A pat down and search of appellant
revealed a pistol loaded with fourteen cartridges in an
extended magazine, 12.2 grams of crack cocaine, and $1,339 in
trial, appellant testified that he had purchased the drugs
the day before to cope with his sisters death and the money
was from odd jobs and his family. He asserted that while he
was on the way to a friends house, he stopped to urinate in
an alley, found the gun lying on the ground, and was walking
to the police station to turn it in for a reward. Appellant