Latest Case: State v. Johnson (Criminal Law)

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State v. Johnson

Docket: 19-0109

Opinion Date: October 16, 2020

Judge: Thomas D. Waterman

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions for misdemeanor possession of of marijuana and felony eluding with marijuana, holding that the convictions do not merge. After convicting Defendant the district court imposed concurrent sentences. On appeal, Defendant argued that the possession convictions merged with the eluding charges. The State argued in response that the statutory scheme demonstrates that the legislature intended cumulative punishments for these offenses. The Supreme Court affirmed, holding (1) under the legal-elements test, it is impossible to commit felony eluding with marijuana without possessing it; but (2) the legislature prescribed cumulative punishments for the two offenses.