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FERRELL v. U.S.

No. 07-CF-439.

990 A.2d 1015 (2010)

Derrick Marcus FERRELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 18, 2010.

Attorney(s) appearing for the Case

David H. Stringer, appointed by the court, for appellant.

Youli Lee, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney at the time the brief was filed, Roy W. McLeese III, Florence Pan and Jeremy S. Barber, Assistant United States Attorneys, were on the brief, for appellee.

Before THOMPSON, Associate Judge, TERRY and SCHWELB, Senior Judges.

THOMPSON, Associate Judge:

After a bench trial, the Superior Court found appellant Derrick Ferrell guilty of simple assault (see D.C.Code § 22-404(a) (2001)). Ferrell appealed on the ground that the evidence was insufficient to support his conviction. We think the evidence was sufficient, though not overwhelming (or even strong), but we need not discuss that issue. As we explain below, but for the trial court's failure to correct the prosecutor's misapprehension...

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