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JENKINS v. U.S.

No. 06-CM-657.

980 A.2d 421 (2009)

Bernard JENKINS, Appellant v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Jerry Ray Smith, appointed by the court, for appellant.

Jeffrey A. Taylor, United States Attorney at the time the brief was filed, and Roy W. McLeese, III, John P. Mannarino, Stephanie L. Brooker, and J. Thomas Spiggle, Assistant United States Attorneys, for appellee.

Before NEWMAN, TERRY, and SCHWELB, Senior Judges.

TERRY, Senior Judge:

After a non-jury trial, appellant was convicted on two counts of misdemeanor sexual abuse, in violation of D.C.Code § 22-3006 (2001). Appellant argues that the trial judge, by assuming the victim's testimony to be truthful, violated his right as a criminal defendant to be presumed innocent. He also contends that the two acts of abuse for which he was convicted constituted only one offense, and thus he claims that he was convicted twice for...

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