Johnson v. Commonwealth
Annotate this CaseIn 2011, Appellant was convicted of first-degree wanton endangerment, first-degree fleeing or evading police, and second-degree burglary. Appellant was sentenced to concurrent sentences. The Supreme Court (1) reversed Appellant’s conviction for second-degree burglary, concluding that he was entitled to a directed verdict of acquittal on that charge; and (2) affirmed the remaining convictions and sentences. On remand, Appellant moved for a new penalty phase on the affirmed convictions, arguing that the sentencing evidence related to the now-reversed reversed burglary conviction necessarily tainted the jury’s consideration of sentencing for the other offenses. The trial court denied the motion and sentenced Appellant in conformity with the original sentence on the remaining convictions. Appellant appealed, arguing that he was entitled to a new penalty phase. The Supreme Court dismissed the appeal, holding that Appellant was barred from seeking amendment of his sentence because the trial court was bound by the Court’s mandate specifically affirming the sentences and because Appellant was not entitled to raise the issue of possible reversal of the burglary conviction because it was not raised in the initial appeal.
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