Berroa v. United States

On Petition for Rehearing En Banc

We granted rehearing en banc to decide a recurrent issue involving a crimi*94nal defendant’s right to a jury trial for an offense, not otherwise jury-demandable, that is a lesser included offense of a charged, jury-triable crime. We have previously held that an offense not normally triable to a jury must nonetheless be submitted to it if, on the facts of the case, the jury could rationally convict of that offense as a lesser included one of the crime charged. Simmons v. United States, 554 A.2d 1167 (D.C.1989). We so held because Super. Ct.Crim. R. 31(c), and…