Gilberto Lopez-Ramirez v. United States

Summary

The District of Columbia Court of Appeals held that a Victims of Violent Crime Compensation Act assessment is not a "fine or penalty" for purposes of determining whether a defendant has a statutory right to a jury trial under D.C. Code § 16-705. The court affirmed the denial of Gilberto Lopez-Ramirez's jury demand and remanded solely to correct his sentence for attempted misdemeanor sexual abuse. Judge Beckwith dissented in part, concluding that the assessment should count as a fine or penalty.

Holdings

1. A Victims of Violent Crime Compensation Act assessment is not a fine or penalty for purposes of determining whether multiple misdemeanor charges are jury-demandable under D.C. Code § 16-705(b)(1)(B). Accordingly, the appellant was not entitled to a jury trial based on adding the assessments to the potential fines.
2. The sentence was unlawful because attempted misdemeanor sexual abuse carries half the penalty for completed misdemeanor sexual abuse. The case was remanded for the limited purpose of correcting the sentence.

Questions Presented

1. Whether a mandatory Victims of Violent Crime Compensation Act assessment counts as a fine or penalty under D.C. Code § 16-705(b)(1)(B) when determining whether a defendant is entitled to demand a jury trial.
2. Whether the Superior Court imposed an excessive sentence by sentencing appellant for attempted misdemeanor sexual abuse to the full 180-day maximum applicable to misdemeanor sexual abuse rather than the reduced maximum applicable to an attempt.

Disposition

remanded