Johnson v. Commonwealth

Opinion of the Court by Justice

JOHNSTONE.

On December 17, 1998, Appellant, Dwayne Johnson, was indicted on two counts of first-degree trafficking in a controlled substance, one count of illegal possession of food stamps, and one count of being a convicted felon in possession of three handguns.

Under the authority of Hubbard v. Commonwealth, Ky., 683 S.W.2d 67 (1982), the last charge was severed from the other three, and Johnson was tried separately on that handgun possession charge. At the first trial (the drug trafficking trial), the jury found Johnson guilty of both of the trafficking…