Johnson v. Commonwealth, COA, 1/10/14, not to be published
The trial court granted pretrial diversion for a period of three
years with the condition that Defendant would not commit another offense during
the period of pretrial diversion. The pretrial diversion ended in Oct of
2009. In 2010, the defendant was convicted of two drug offenses.
The trial court refused to list the initial charges as “dismissed-diverted”
because the defendant committed offenses after the pretrial diversion period ended.
The Court of Appeals reversed because the defendant did not commit any offense
during the period of diversion.
Johnson was represented on appeal by Shannon
Dupree Smith, and at trial
by Michael McIntire.
Contributed by Emily Rhorer
