S. Ct. Crim. No. 2012-0012

Considering defendant's convictions for aggravated assault and battery and disturbing the peace, both as acts of domestic violence as defined by 16 V.I.C. § 91(b), and unauthorized use of a vehicle, the Superior Court committed plain error in entering a conviction against the defendant pursuant to 14 V.I.C. § 298(5), which enhances simple assault to aggravated assault based only on the respective sexes of the attacker and the victim, thereby violating the Equal Protection Clause of the Fourteenth Amendment. That conviction is vacated. With respect to the defendant's arguments regarding his convictions for disturbing the peace under 14 V.I.C. § 622(1) and unauthorized use of a vehicle under 14 V.I.C. § 1382, which are construed as challenges to the sufficiency of the evidence supporting those convictions, the evidence was sufficient to support each conviction; accordingly, those convictions are affirmed.