November 12, 2015
from the Superior Court of the District of Columbia.
(DEL-52-14). (Hon. Florence Y. Pan, Trial Judge).
C. Collins, Public Defender Service, with whom Christine A.
Monta, James Klein, Samia Fam, and Jaclyn S. Frankfurt, were
on the brief, for appellant.
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.
FISHER and BLACKBURNE-RIGSBY, Associate Judges, and PRYOR,
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
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
C. Pryor, J.
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.
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.
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, ...