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Liz V. Fretes-Zarate v. United States

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Argued February 23, 2012

Before WASHINGTON, Chief Judge, EASTERLY, Associate Judge, and PRYOR, Senior Judge.

Appellant, Liz V. Fretes-Zarate, appeals her conviction for simple assault in violation of D.C. Code § 22-404 (2009 Supp.). She argues that she had a constitutional right to a trial by jury for this offense because a conviction subjects her to deportation under federal immigration law. She also argues that she was denied a fair trial by the prejudicial errors of a translator, and that the trial judge erred in not allowing her to impeach the complaining witness with evidence of a prior civil protection order she had obtained against him. Lastly, she contends the evidence was legally insufficient to convict. We deem her first contention to be the sole issue meriting extended discussion. Defense counsel did not request a jury trial at any point in the proceedings, therefore, we review for plain error and for the reasons set out below, we affirm.

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