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PEREZ HERNANDEZ v. UNITED STATES

No. 15-CM-130.

286 A.3d 990 (2022)

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

District of Columbia Court of Appeals.

December 29, 2022.

Attorney(s) appearing for the Case

Alice Wang , Public Defender Service, with whom Samia Fam , Public Defender Service, was on the brief, for appellant.

Chrisellen R. Kolb , Assistant United States Attorney, with whom Jessie K. Liu , United States Attorney at the time the brief was filed, Elizabeth Trosman , and John P. Mannarino , Assistant United States Attorneys, were on the brief, for appellee.

Karl A. Racine , Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General at the time the brief was filed, Rosalyn Calbert Groce , Deputy Solicitor General, and John D. Martorana , Assistant Attorney General, filed a brief for amicus curiae, the District of Columbia, in support of appellee.

Opinion by Associate Judge Easterly, concurring dubitante, at page 1007.

Over the last century, this court and its predecessors have tried many times, with mixed success, to define the common law crime of assault; some of the things we have said are difficult to reconcile. This case, which began with allegations that appellant had committed an assault with a beer bottle but morphed into something...

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