# Commonwealth v. Johnson

> Superior Court of Pennsylvania · December 7, 1994 · 435 Pa. Super. 132

URL: https://www.frixlaw.com/law-library/cases/9701221

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Stephon JOHNSON, Appellee
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 7, 1994
- **Citations:** 435 Pa. Super. 132; 645 A.2d 234
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnson
- **Judges:** Rowley, McEwen, Sole, Beck, Tamilia, Popovich, Johnson, Hudock, Elliott
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9701221

## Opinion text

*162 JOHNSON, Judge,
concurring:
When Stephon Johnson was adjudicated delinquent, jeopardy attached. The Commonwealth now asks that we hold that the trial court erred when it transferred ■ this case to the juvenile division so that they may again prosecute Johnson, this time in the criminal division. The double jeopardy clauses of the United States and Pennsylvania Constitutions protect against this. If the Commonwealth wished to question the trial court order transferring this matter, the proper time to do so was before Johnson was adjudicated delinquent and jeopardy attached. I must, therefore, agree that this appeal is untimely.
McEWEN, J., joins in this concurring statement.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701221. Public record. Not legal advice.