Carter v. United States

SCHWELB, Associate Judge:

Barry E. Carter was indicted on one count of first degree felony sexual abuse (rape), D.C.Code § 22-4102 (1996),1 and one count of misdemeanor sexual abuse (sexual touching of the complainant’s genitalia), D.C.Code § 22-4106 (1996).2 A jury acquitted Carter of the felony, but the judge found him guilty of a sexual touching of the complainant’s thigh. Carter ap*302peals, claiming, inter alia, that the indictment was constructively amended and that, as a result, he was convicted of a crime with which he had not been charged. Carter also contends that the evidence was…