Commonwealth v. Johnson

By Judge J. Michael Gamble

I am writing this letter to rule on the defendant’s motion to dismiss the charges in this case on the grounds that it violates the bar against double jeopardy found in both the United States and Virginia Constitutions. I overrule this motion. My reasons are set forth below.

There are currently pending in this Court a charge of discharging a firearm from a motor vehicle in violation of § 18.2-286.1 and a charge of shooting at an occupied motor vehicle in violation of § 18.2-154. These cases were certified from the General District Court of Nelson County on December 13,…