Brooks v. United States

FARRELL, Associate Judge:

A jury found appellant guilty of, among other things, three counts of assault with intent to murder (AWIM) while armed, D.C.Code §§ 22-503, -2403, -3202(a)(1) (1989).1 His principal argument on appeal is that, as to two of these convictions, the trial judge committed plain error by instructing the jury on the theory of transferred intent. We affirm.

I

The evidence, viewed in the light most favorable to the government, revealed that appellant fired five or six shots from a handgun at Jermaine Acklin from ten to twenty feet away. The shots struck both Acklin and Leslie…