Johnson v. Commonwealth
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The Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of theft by unlawful tasking, burglary in the third degree, and being a persistent felony offender in the first degree, and imposing a total sentence of twenty years in prison, holding that the trial court erred in part.
The Supreme Court vacated the conviction as a persistent felony offender and remanded this action, holding (1) the instructions given in this case were erroneous because it could not be determined whether the jurors were unanimous in concluding that Defendant committed a single act satisfying the instruction, but the error was not palpable; (2) there was palpable error in Defendant's conviction as a persistent felony offender; and (3) Defendant's motion for directed verdict was properly denied.
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