In Commonwealth v. Johnson, the Superior Court confronted an issue critical for lawyers who practice in both New Jersey and Pennsylvania. The defendant was convicted of robbery in Pennsylvania but had a prior third-degree aggravated assault conviction from New Jersey. The trial court considered the foreign conviction a “strike” under 42 Pa.C.S. ยง 9714 — Pennsylvania’s recidivist sentencing statute. But under New Jersey law, third-degree aggravated assault under N.J.S.A. 2C:12-1(b)(7) involves “significant bodily injury,” not “serious bodily injury,” as is required for an aggravated assault conviction in Pennsylvania. As such, the New Jersey conviction was not a predicate offense and the trial court erred in imposing the mandatory minimum sentence.
