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MUNGO v. U.S.

No. 98-CM-1018.

772 A.2d 240 (2001)

Lonnie MUNGO, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 26, 2001.

Attorney(s) appearing for the Case

Camille M. Weithers, New York City, for appellant.

Ryan H. Rainey, a member of the California Bar, Alexandria, VA, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher, Roy W. McLeese, III, and Mary O'Connor, Assistant United States Attorneys, were on the brief, for appellee.

Before RUIZ and WASHINGTON, Associate Judges, and PRYOR, Senior Judge.

PRYOR, Senior Judge:

Following a bench trial, the trial judge found appellant Lonnie Mungo not guilty of three charged counts of misdemeanor sexual abuse ("MSA"), see D.C.Code § 22-4106 (1996), but guilty of two counts of simple assault, see D.C.Code § 22-504, under the lesser-included offense doctrine. Mungo raises three related arguments on appeal. First, he argues that the trial judge, sua sponte, improperly considered the lesser...

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