Johnson v. CommonwealthAnnotate this Case
The Supreme Court affirmed Appellant’s conviction of first-degree trafficking in a controlled substance, felony possession of a firearm, and being a first-degree persistent felony offender and sentence of twenty years’ imprisonment, holding that Defendant’s arguments on appeal were unavailing.
Specifically, the Court held (1) any minor discrepancies in the search warrant did not require suppression of the evidence; (2) Appellant’s right to be free from double jeopardy was not violated because the trial court instructed the jury on two counts of trafficking instead of one; (3) it was not clearly unreasonable for the jury to convict Appellant of trafficking in heroin and methamphetamine; (4) the trial court did not abuse its discretion in denying Appellant’s request for expert funding; and (5) the length of Appellant’s sentence did not violate Ky. Rev. Stat. 532.110(1)(c) or 532.080(6)(b).