Mungo v. United States

PRYOR, Senior Judge:

Following a bench trial, the trial judge found appellant Lonnie Mungo not guilty of three charged counts of misdemeanor sexual abuse (“MSA”), see D.C.Code § 22-4106 (1996), but guilty of two counts of simple assault, see D.C.Code § 22-504, under the lesser-ineluded offense doctrine. Mungo raises three related arguments on appeal. First, he argues that the trial judge, sua sponte, improperly considered the lesser-ineluded offenses. Second, Mungo asserts that simple assault is not a lesser-ineluded offense of MSA. Finally, he urges that the evidence presented at trial was…