Johnson v. Commonwealth

JUSTICE LACY, with whom JUSTICE KEENAN

joins, concurring.

I write separately because, while the majority’s disposition resolves the case, its rationale does not address the principal issue raised by the defendant in this appeal.

Steven Johnson has consistently based his claim that he was denied a speedy trial on his interpretation of the final sentence of Code § 19.2-243, the speedy trial statute. That sentence provides:

But the time during the pendency of any appeal in any appellate court shall not be included as applying to the provisions of this section.

Johnson asserts that when his first…