February 23, 1995
CHARLES R. HOWARD, JR., APPELLANT
UNITED STATES, APPELLEE. RONALD WILLIS, APPELLANT V. UNITED STATES, APPELLEE
(Hon. Peter H. Wolf, Trial Judge)
Before Wagner, Chief Judge, and Ferren and Terry, Associate Judges.
PER CURIAM: The court sua sponte amends its opinion of February 6, 1995 in the following respects:
1. The third sentence of the second full paragraph on page 2 of the slip opinion shall be amended so that the paragraph will read in its entirety as follows:
"We conclude that the trial court erred by excluding the proffered evidence of the complainant's prior assaultive acts against Howard. This exclusion also substantially affected Willis's defense against charges that he had aided and abetted Howard. Accordingly, because the court's error was of constitutional magnitude and was not harmless beyond a reasonable doubt, we must reverse appellant's convictions for assault with intent to murder while armed and remand as to those charges. We affirm as to all other counts." (Footnote retained in opinion but omitted here.)
2. The first full paragraph of Part III E., except for the first sentence, shall be eliminated so that this paragraph, when combined with the immediately following paragraph on pages 26 and 27 of the slip opinion, shall read as follows:
"We turn now to the proper Dispositions. Here, the trial court's error impacts only the charges of assault with intent to murder while armed. Under these circumstances, we reverse and remand as to the charges of assault with intent to murder while armed. In all other respects appellant's convictions are affirmed, subject to resentencing as to each appellant's merged convictions for possession of a firearm during a crime of violence. See (supra) note 1."
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