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MALLOY v. U.S.

No. 98-CF-824.

797 A.2d 687 (2002)

Roscoe MALLOY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 25, 2002.

Attorney(s) appearing for the Case

Michael L. Spekter, Washington, DC, for appellant.

Asuncion Cummings Hostin, with whom Wilma A. Lewis, United States Attorney at the time the brief was filed, John R. Fisher and Mary Patrice Brown, Assistant United States Attorneys, were on the brief for appellee.

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

RUIZ, Associate Judge:

After a jury convicted Roscoe Malloy of kidnapping, carjacking and sexually assaulting a woman, he challenges the sufficiency of the evidence and the trial court's admission of a 911 tape under the excited utterance exception to the hearsay rule. In addition, he contends that the kidnapping and carjacking convictions merge. We affirm, and hold that carjacking, D.C.Code § 22-2803 (2001), and kidnapping, D.C.Code § 22-2001 (2001), are...

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