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LYLES v. U.S.

No. 03-CM-1401.

920 A.2d 446 (2007)

Carlos A. LYLES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 12, 2007.

Attorney(s) appearing for the Case

Kyle A. McGonigal, appointed by the court, was on the brief for appellant.

Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and Roy W. McLeese III, Thomas J. Tourish, Jr., Precious Murchison, and Bernard J. Delia, Assistant United States Attorneys, were on the brief for appellee.

Before FARRELL and REID, Associate Judges, and STEADMAN, Senior Judge.

STEADMAN, Senior Judge:

Appellant Carlos Lyles was convicted at a bench trial of simple assault1 arising from a domestic dispute. Before the trial began, the trial court orally dismissed the charge but then, later that day, rescinded the dismissal and held the trial. In this appeal, Lyles contends that the trial court lacked jurisdiction over his case, absent a refiling of charges, because of the oral dismissal.2

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