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MATTER OF D. L. J.

No. 11720.

383 A.2d 1081 (1978)

In the Matter of D. L. J., a/k/a R. M., Appellant.

District of Columbia Court of Appeals.

Decided March 10, 1978.

Attorney(s) appearing for the Case

Wallace J. Mlyniec, appointed by this court, for appellant. Richard K. Gilbert, law student (LS # 1393), also entered an appearance for appellant.

S. Perry Jones, Asst. Corp. Counsel, Washington, D. C., with whom John R. Risher, Jr., Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, were on the brief, for appellee. Louis P. Robbins, Principal Deputy Corp. Counsel, Washington, D. C., also entered an appearance for appellee.

Before GALLAGHER, NEBEKER and HARRIS, Associate Judges.

NEBEKER, Associate Judge:

Appellant, a juvenile tried before the Family Division, was found guilty of petit larceny (D.C.Code 1973, § 22-2202). Appellant contends that it was plain error to allow the prosecution to impeach him with his post-arrest silence. We agree, and thus reverse the finding of guilt.1

A special police officer in a downtown department store observed appellant take a jacket into a dressing room but emerge...

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