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Brown v. United States

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Submitted December 12, 2001

This is an appeal from the denial of a motion to vacate multiple armed rape and sodomy convictions on double jeopardy grounds. We hold that because the motion, which was filed pursuant to D.C. Code � 23-110 (1996), properly is viewed instead as one to correct an illegal sentence pursuant to Super. Ct. Crim. R. 35 (a), the double jeopardy claim is not barred by the movant’s failure to show cause for, or prejudice from, his failure to raise it previously on direct appeal from his conviction or in other proceedings. Reaching the merits of the double jeopardy claim, we reject it. We hold that where a defendant is convicted of multiple counts of a sexual offense such as rape or sodomy, each count being for a different act committed during a “gang rape” by a different principal perpetrator, the counts do not merge, and the defendant may be punished separately and cumulatively for each count. We therefore affirm the decision on appeal.

I.

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