Defendant was convicted in the Superior Court of the District of Columbia of possessing an open container of alcohol (POCA) in a vehicle and other crimes.
Defendant appealed.
The Court of Appeals held that grassy median between two church parking lots where defendant was found in vehicle with half empty bottle of vodka was not “parking area,” within meaning of statute.
Grassy median between two church parking lots where police officer came upon defendant passed out in vehicle with half empty bottle of vodka was not “parking area,” within meaning of statute prohibiting possession of open container in vehicle in any park or parking area; where “parking” was defined under pre-amended statute as “area of public space” between property line and edge of actual or planned sidewalk that was nearer to property line, as shown in records of District of Columbia, statutory definition did not change when statute was amended to change “parking” to “parking area,” and church property was private property.