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JOHNSON v. STATE

No. 618, 2009.

5 A.3d 617 (2010)

Eric JOHNSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 24, 2010.

Attorney(s) appearing for the Case

Bernard J. O'Donnell , Office of Public Defender, Wilmington, Delaware, for appellant.

Timothy J. Donovan, Jr. , Department of Justice, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, BERGER and JACOBS, Justices:

STEELE, Chief Justice:

Eric Johnson unlawfully entered the home of an acquaintance while in possession of a firearm, in violation of the Second Degree Burglary and Possession of a Firearm During the Commission of a Felony statutes. After trial a jury convicted him on both charges. Johnson contends that his multiple convictions violate the Double Jeopardy Clauses of the United States Constitution and the Delaware Constitution. Johnson also contends that the trial judge...

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