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PEREZ HERNANDEZ v. U.S.

No. 15-CM-130.

207 A.3d 594 (2019)

Winston Manuel PEREZ HERNANDEZ, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 9, 2019.

Attorney(s) appearing for the Case

Lisa S. Resnikoff for appellant.

Ryan M. Malone , Assistant United States Attorney, with whom Vincent H. Cohen, Jr. , Acting United States Attorney at the time the brief was filed, and Elizabeth Trosman , Suzanne Grealy Curt , and Kamil Shields , Assistant United States Attorneys, were on the brief, for appellee.

Opinion by Associate Judge Fisher, dissenting, at page 22.

In this appeal, we consider for the first time whether a single unwanted touching of another person on the arm, without any evidence that the touching was attempted (or achieved) with force or violence, can support a conviction for simple assault under an attempted-battery theory...

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