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GOUDY v. UNITED STATES

No. 83-1357.

505 A.2d 461 (1986)

Peter GOUDY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

February 25, 1986.

Attorney(s) appearing for the Case

James Klein, Mark S. Carlin, and Blair Brown, Public Defender Service, Washington, D.C., were on Petition for Rehearing.

Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Mary Incontro, Asst. U.S. Attys., Washington, D.C., were on Opposition to the Petition for Rehearing.

Before NEBEKER, NEWMAN and TERRY, Associate Judges.

NEBEKER, Associate Judge, with whom Associate Judge TERRY concurs:

Appellant Goudy complains in his rehearing petition (before the division and for en banc treatment) that the court's opinion has deprived him of

his right ... to waive his insanity defense to the misdemeanor offense of simple assault, after the division has modified the judgment [of the trial court] from not guilty of rape by reason of insanity to not guilty of the lesser included offense...

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