Where Law Says 15 Years, Mr. Allen Is Serving A Life Sentence.

Where Law Says 15 Years, Mr. Allen Is Serving A Life Sentence.

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Keturah Dubar started this petition to Attorney General Kamala Harris and

My name is Duane “Wayne Wayne” Allen and I have been incarcerated for over 29 years. I was indicted under a DC statute (D.C. Code 22-3202/While Armed) this statute is nothing more than a, "sentencing enhancement provision," which deals solely with the sentence of the defendant if found guilty of the charged crime. It is not an element of any of the crimes it was attached to on my indictment.

For instance, I was charged in one count of my indictment with Robbery While Armed, even though you cannot find a named offense in either The District of Columbia Regulation, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations, which in it of itself is a violation of DC Laws: Section 2-602, Publication prerequisite for the effectiveness of Council acts and resolutions; and 2-605, Judicial notice.

The District Attorney's Office as well as my judge both claim 3202/While Armed (herein just 3202) to be an "element" of the offenses that it was attached to. Once again, there is no legislative history of law to show when Congress or the DC Council ever made 3202 an element of any criminal offense in the District of Columbia. 3202's own procedural rule is that it only comes into play "after" the defendant is found guilty of the instant offense.

Why is this so important? It is important because all elements by Constitutional Law MUST be submitted to the jury and proven beyond a reasonable doubt. The 6th and 14th Amendments of the Constitution dictates this. If that's the case - and it is - then how could 3202's own procedural rule be for it to become applicable "after" the defendant is found guilty of the instant offense? Once again, ALL elements MUST be submitted to the trial jury and proven beyond a reasonable doubt. How can a jury find me guilty of a crime "before" the judge submitted them an element of the crime? And what would be the purpose if I am already found guilty? So, if I were sentenced to 1 to 3 years and 5 to 15 years and the judge "merged" my sentences, I would only have 5 to 15 because the 1 to 3 would run concurrently with the 5 to 15. The 1 to 3 would "merge" into the 5 to 15. Now here I am nearly 30 years later.

I have my Judgment and Commitment Order, which is the sentence given to me by the judge, it shows where the judge merged 3202 into 3024(b). I used it as an exhibit when I filed my motion that is presently waiting to be heard by the court.

In my case, they erred and now I am asking that those who hold the authority to correct the error do so, because it is the law. I was only supposed to receive a sentence of 5 to 15 years, but here I am approaching my 29th year. This is a complete miscarriage of justice that has cost me things that I can never get back – time. I have lost years of being a father to my children, getting to know my grandchildren, and not being able to hug or care for my elderly mother.

Please sign my petition so that I can have my day in court and have an injustice corrected. I have people out there that are willing to fight alongside me during this battle for my freedom. Let me just say this: In this country after a defendant is found guilty, he is supposed to have two substantial rights left to him by the courts: (1) the right to a direct appeal; and (2) an attorney to represent him on that first appeal. Those are substantial rights. Not privileges. I was denied both. Sign my petition to allow me to fight for my freedom and appeal to those who can give it back to me

Thank you, 

Wayne Wayne

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