In re M.L.

24 A.3d 63 (D.C. 2011) · District of Columbia Court of Appeals · June 30, 2011 · No. 08-FS-994

Summary

The District of Columbia Court of Appeals affirmed an adjudication of delinquency for carrying a dangerous weapon and possession of a prohibited weapon. The court held that the evidence, including the open folding knife, the appellant's concealment behind a parked car, nighttime circumstances, and flight from police, was sufficient to support the required purpose and intent findings. The court also explained that the knife's nature and the surrounding circumstances supported its classification as a dangerous weapon.

Holdings

  1. The evidence was sufficient to support the finding that M.L. carried the knife for the purpose of using it as a dangerous weapon. The court may infer that purpose from both the nature of the knife and the circumstances in which it was carried; neither actual use nor an express threat to use the knife is required.
  2. The evidence was sufficient to establish that M.L. possessed a dangerous knife with the intent to use it unlawfully against another. The offense does not require evidence of an attempt to do harm.

Questions Presented

  1. Whether the evidence was sufficient to establish that M.L. carried the knife for the purpose of using it as a dangerous weapon, an element of carrying a dangerous weapon.
  2. Whether the evidence was sufficient to establish that M.L. possessed the knife with the intent to use it unlawfully against another, an element of possession of a prohibited weapon.

Disposition

affirmed

Cases Cited (21)

  • Lewis v. United States, 767 A.2d 219, 222-23 (D.C. 2001)(followed)
  • Kelly v. United States, 639 A.2d 86, 89-90 (D.C. 1994)(followed)
  • Abdulshakur v. District of Columbia, 589 A.2d 1258, 1263 (D.C. 1991)(followed)
  • Mihas v. United States, 618 A.2d 197, 200-01 & n.1 (D.C. 1992)(followed)
  • Rivas v. United States, 783 A.2d 125, 134 (D.C. 2001) (en banc)(followed)
  • Jackson v. Virginia, 443 U.S. 307, 316-17, 319 (1979)(followed)
  • Curry v. United States, 520 A.2d 255, 263 (D.C. 1987)(followed)
  • United States v. Long, 905 F.2d 1572, 1576 (D.C. Cir. 1990)(followed)
  • Reed v. United States, 828 A.2d 159, 161-63 (D.C. 2003)(followed)
  • Scott v. United States, 243 A.2d 54, 55-56 (D.C. 1968)(followed)

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