Commonwealth v. Mattingly

VANCE, Justice.

The question is whether the reversal of a judgment of conviction on the ground that the only evidence sufficient to sustain the conviction was erroneously admitted prohibits a retrial on grounds of double jeopardy-

Respondent was convicted of knowingly receiving stolen property valued in excess of $100.00, and his sentence was enhanced as a second-degree persistent felon. The testimony used to establish the prior conviction of felony on the persistent felony offender charge was erroneously admitted in evidence because it was hearsay. Because of that fact, the respondent’s motion…