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In re Z.B.

Court of Appeals of Columbia District

February 4, 2016

IN RE Z.B., APPELLANT

         Argued November 12, 2015

          Appeal from the Superior Court of the District of Columbia. (DEL-52-14). (Hon. Florence Y. Pan, Trial Judge).

         William C. Collins, Public Defender Service, with whom Christine A. Monta, James Klein, Samia Fam, and Jaclyn S. Frankfurt, were on the brief, for appellant.

         John J. Woykovsky, Assistant Attorney General, with whom Karl A. Racine, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Rosalyn Calbert Groce, Deputy Solicitor General, were on the brief, for appellee.

         Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and PRYOR, Senior Judge.

Page 352

         JUDGMENT

         This case came to be heard on the transcript of record, the briefs filed, and was argued by counsel. On consideration whereof, and for the reasons set forth in the opinion filed this date, it is now hereby

         ORDERED and ADJUDGED that the case is remanded to merge appellant's conviction of receiving stolen property (" RSP" ) with robbery, as noted by the trial court. In all other respects, the judgment on appeal is affirmed.

         OPINION

         William C. Pryor, J.

         Appellant was adjudicated involved with robbery, D.C. Code § 22-2801 (2012 Repl.); receiving stolen property (" RSP" ), D.C. Code § 22-3232 (2012 Repl.); and two counts of misdemeanor threats to do bodily harm, D.C. Code § 22-407 (2012 Repl.). He contends on appeal that police officers lacked reasonable articulable suspicion to seize him to conduct a show-up identification, and thus all resulting evidence from the seizure should be suppressed. Further, he argues threats should merge with robbery. After reviewing the record, we conclude that the judge did not err in denying the suppression motion and the offenses do not merge. We remand to merge RSP with robbery as noted by the trial court, but affirm in all other respects.[1]

         I.

         Appellant, age fourteen, along with two other teenagers, approached another teenager and demanded his cell phone. Appellant told the complaining witness that he would break his jaw if he continued to yell out for help from passersby, and he said he would pull a " strap," which complainant understood to be a gun. After handing over his cell phone, the complaining witness ran away, flagged down an officer, and provided a description of the suspects.

         There was an initial radio broadcast for " three young black males" and another more detailed description two minutes later. The second radio broadcast was for a seventeen-year-old black male, ...


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