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SWINTON v. U.S.

No. 03-CF-364.

902 A.2d 772 (2006)

James SWINTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 22, 2006.

Attorney(s) appearing for the Case

Winsome G. Gayle, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.

John P. Mannarino, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney, John R. Fisher, Assistant United States Attorney at the time the brief was filed, and Roy W. McLeese, Assistant United States Attorney, were on the brief, for appellee.

Before RUIZ, GLICKMAN and KRAMER, Associate Judges.

GLICKMAN, Associate Judge:

Appellant James Swinton beat and, allegedly, raped his girlfriend. He was tried on charges of first-degree sexual abuse, aggravated assault, and lesser offenses. The jury was unable to reach a verdict on the sexual abuse charge but found Swinton guilty of aggravated assault. Because the evidence of "serious bodily injury" was insufficient to support this felony conviction, we reverse and remand for entry of a judgment of conviction on the...

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