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McCLAIN v. U.S.

No. 01-CF-1018.

871 A.2d 1185 (2005)

Bryant McCLAIN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 14, 2005.

Attorney(s) appearing for the Case

Cortney Lollar, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.

Valinda Jones, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney at the time the brief was filed, John R. Fisher, Roy W. McLeese III, and Angela G. Schmidt, Assistant United States Attorneys, were on the brief, for appellee.

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

KERN, Senior Judge:

This appeal presents for our decision whether the trial court committed plain error when it instructed the jury regarding two lesser-included offenses of the crime of armed robbery of a senior citizen with which appellant had been charged by the Grand Jury. The trial judge instructed the jury that they could consider robbery of a senior citizen and assault with a dangerous weapon ("ADW") as lesser-included offenses of the armed robbery of...

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