Winston Manual Perez Hernandez v. US (Order)

207 A.3d 605

Opinion

PER CURIAM

A majority of the judges in regular active service have voted sua sponte to hear this appeal en banc . D.C. App. R. 35(a).

The opinions of the division of this court filed herein this date, Winston Manuel Perez Hernandez v. United States , No. 15-CM-130, 207 A.3d 605, 2019 WL 2041269 (D.C. May 9, 2019), are hereby vacated and the parties are ordered to file supplemental briefs, for consideration by the court sitting en banc , addressing the following issues:

(1) What is the proper understanding of the elements of simple assault under D.C. Code § 22-404 (a)(1) (2018 Supp.)?

(2) In light of the trial court's findings, was the evidence in the present case sufficient to support an assault conviction under a proper understanding of the elements of assault?

Appellant's supplemental brief shall be filed within thirty days from the date of this order and appellee's supplemental brief shall be filled within thirty days thereafter. Any supplemental reply brief shall be filed within twenty-one days after appellee's brief is filed.

The appeal will be scheduled for oral argument en banc after briefing is complete.