Commonwealth v. Johnson

Background. A grand jury returned an indictment charging Johnson with unlawful possession of a firearm, second or subsequent offense, and being an armed career criminal with three prior qualifying convictions. A second indictment charged him with unlawful possession of ammunition. A jury trial commenced on the possession charges. The jury convicted Johnson on the firearm charge and acquitted him on the ammunition charge.

What happened next is the subject of findings made by the trial judge after an evidentiary hearing on Johnson’s motion to dismiss the outstanding second offense and armed…