Eric Johnson, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The court affirmed Johnson's convictions for second-degree burglary and possession of a firearm during the commission of a felony, holding that the General Assembly clearly authorized cumulative punishment for those offenses. Because the weapons statute expressly required consecutive sentencing and otherwise demonstrated legislative intent to impose both penalties, the court did not apply the usual same-elements test. The court also upheld the denial of Johnson's motion to rejoin the previously severed prohibited-person weapons charge because the motion was strategic and rejoining would have recreated the prejudice that justified severance.