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CASTILLO v. U.S.

No. 12-CM-161.

75 A.3d 157 (2013)

Lindo Omar CASTILLO, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 29, 2013.

Attorney(s) appearing for the Case

James Klein , Alice Wang , Fleming Terrell , and Jonathan W. Anderson , Public Defender Service, were on the brief for appellant.

Ronald C. Machen Jr. , United States Attorney, and Elizabeth Trosman , Eric Zwicker and Kristina L. Ament , Assistant United States Attorneys, were on the brief for appellee.

Before GLICKMAN and OBERLY, Associate Judges, and NEWMAN, Senior Judge.

OBERLY, Associate Judge:

Appellant Lindo Omar Castillo was convicted of misdemeanor sexual abuse of a minor when he touched the breast of his fourteen-year-old stepdaughter, E.M.1 On appeal, appellant contends that the trial court committed reversible error by admitting the statements of E.M. and her brother under the spontaneous utterance exception to the hearsay rule. We agree and reverse.

I. Background

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