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CARTER v. UNITED STATES

No. 01-CF-722.

826 A.2d 300 (2003)

Barry E. CARTER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Jaclyn S. Frankfurt, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.

Bernard J. Delia, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney, John R. Fisher, Elizabeth Trosman, Peter Taylor, and Sharon Marcus-Kurn, Assistant United States Attorneys, were on the brief, for appellee.

Before STEADMAN, SCHWELB, and WASHINGTON, Associate Judges.

SCHWELB, Associate Judge:

Barry E. Carter was indicted on one count of first degree felony sexual abuse (rape), D.C.Code § 22-4102 (1996),1 and one count of misdemeanor sexual abuse (sexual touching of the complainant's genitalia), D.C.Code § 22-4106 (1996).2 A jury acquitted Carter of the felony, but the judge found him guilty of a sexual touching of the complainant's thigh. Carter appeals,

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