Johnson v. State

McMurray, Presiding Judge.

Defendant was charged in a three count indictment with possession of a firearm by a convicted felon (Count 1), carrying a concealed weapon (Count 2) and obstruction of a law enforcement officer (Count 3). The case was called for trial and the State announced that it would file a motion to “nolle pros [Counts 2 and 3 of the indictment], without the right to re-indict on those two counts.” The trial court indicated that it would accept any such motion and defendant acquiesced. On January 31, 1991 (December 1990 Term), a jury trial then proceeded on Count 1 of the…