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BULLS v. UNITED STATES

No. 83-1472.

490 A.2d 197 (1985)

Joseph BULLS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 4, 1985.

Attorney(s) appearing for the Case

Geoffrey D. Allen, appointed by the court, for appellant.

Joan Draper, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell, Thomas J. Tourish, Jr., and Darryl W. Jackson, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, FERREN, and TERRY, Associate Judges.

FERREN, Associate Judge:

A jury convicted appellant of assault with a dangerous weapon, D.C.Code § 22-502 (1981), and the court sentenced him to 40 to 120 months' imprisonment. He claims on appeal that the trial court erred in seating an alternate juror after the jury had retired to deliberate. We agree. On this record, moreover, we cannot say that the court's error was not prejudicial. We therefore reverse appellant's conviction and remand for a new trial.

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