Thursday, January 23, 2014

KYCOA - Johnson - Pretrial Diversion

Johnson v. Commonwealth, COA, 1/10/14, not to be published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