Hood v. United States


Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 17-CF-449 MILTON D. HOOD, APPELLANT, V. UNITED STATES, APPELLEE. Appeal from the Superior Court of the District of Columbia (CF3-7399-15) (Hon. Kimberly S. Knowles, Trial Judge) (Argued June 19, 2019 Decided February 10, 2022) Benjamin Miller, Public Defender Service, with whom Samia Fam, was on the brief, for appellant. Michael J. Romano, Assistant United States Attorney, with whom Jessie K. Liu, United States Attorney at the time, and Elizabeth Trosman, Chrisellen R. Kolb, and Gilead Light, Assistant United States Attorneys, were on the brief, for appellee. Before BLACKBURNE-RIGSBY, Chief Judge, THOMPSON *, Associate Judge, and RUIZ, Senior Judge. * Judge Thompson was an Associate Judge of the court at the time of argument. Although her term expired on September 4, 2021, she will continue to serve as an Associate Judge until her successor is appointed and qualifies. See D.C. Code § 11-1502 (2012 Repl.) She was appointed on October 4, 2021, to perform judicial duties as a Senior Judge. See D.C. Code § 11-1504(b)(3) (2012 Repl.). She will begin her service as a Senior Judge on a date to be determined after her successor is appointed and qualifies. 2 Opinion for the court by Associate Judge THOMPSON. Opinion concurring in the judgment by Senior Judge RUIZ at page 23. THOMPSON, Associate Judge: A jury found appellant Milton Hood guilty of robbery and assault with intent to commit robbery of two senior citizens. 1 In this appeal, appellant contends that the trial court erred in admitting the in-court identification of him by the police officer who the trial court found unlawfully detained him after the robbery. 2 Appellant contends that the government failed to prove that there was an independent source for the officer’s identification testimony, and argues that the trial court “was required to suppress the in-court identification as the fruit of the . . . [illegal] detention.” For the reasons that follow, we affirm appellant’s convictions. I. 1 See D.C. Code §§ 22-401, -2801, and -3601 (2012 Repl. & 2021 Supp.). 2 We accept the trial court’s conclusion that the officer lacked a sufficiently particularized and individualized basis for stopping appellant, because the government has not appealed that determination. 3 At about 11:18 a.m. on the morning of May 29, 2015, an assailant pushed senior citizen Anton Manolache to the ground in the 1500 block of 23rd Street, N.W., after Mr. Manolache refused the assailant’s demand for money. The assailant then took Mr. Manolache’s wallet and grabbed the purse of Georgetta Manolache, Mr. Manolache’s wife. 3 Mrs. Manolache struck the assailant with her cane before he ran from the scene. Stephanie and Sophia Cantizano were driving down 23rd Street at the time and saw Mrs. Manolache defending herself from …

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