Flores v. United States
37 A.3d 866
| D.C. | 2011Background
- Flores was convicted after a jury trial of assault with significant bodily injury under DC Code § 22-404(a)(2) and related weapons offenses.
- The incident occurred at Odalis Restaurant where Flores and companions were intoxicated and aggressive toward patrons.
- Evans, a security guard, intervened when Flores brandished a knife and stabbed Evans twice, including a stab to the abdomen.
- Evans subdued Flores; Flores was arrested and Evans received medical treatment for the stab wounds.
- At trial, the court gave a jury instruction on recklessness under § 22-404(a)(2) and later provided a supplemental written clarification in response to a juror’s note.
- The jury found Flores guilty; on appeal Flores contests the supplemental instruction as legally erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the supplemental instruction on recklessness was plain error | Flores argues the instruction misdefines recklessness | United States contends plain error not shown; instruction reasonable | No plain error; instruction reasonable under statute |
| Whether the instruction effectively amended the indictment | Flores claims constructive amendment | State argues no amendment given consistent language | No constructive amendment |
| Whether recklessness must target the victim | Flores contends recklessness must be directed at Evans | Government contends recklessness need not be directed at Evans | Recklessness need not be directed at the injured party |
Key Cases Cited
- Hood v. United States, 28 A.3d 553 (D.C.2011) (plain meaning governs; no absurd result)
- In re Anderson, 778 A.2d 330 (D.C.2001) (recklessness defined by conscious indifference)
- Reed v. United States, 584 A.2d 585 (D.C.1990) (recklessness involves lack of awareness of risk)
- Lancaster v. United States, 975 A.2d 168 (D.C.2009) (plain-error review; overwhelming evidence may cure)
- Smith v. United States, 801 A.2d ??? (D.C.2002) (dual forms of intent permissible on single incident)
- Tyson v. United States, 30 A.3d 804 (D.C.2011) (plain-error standard guidance)
- United States v. Olano, 507 U.S. 725 (U.S.1993) (plain-error framework)
- Brooks v. United States, 655 A.2d 844 (D.C.1995) (interpretation of recklessness related to statutory purpose)