The defendant filed a motion to dismiss on double jeopardy grounds, relying on the Pennsylvania Supreme Court’s decision in Commonwealth v. Johnson, 231 A.3d 807 (Pa. 2020). The trial court denied the motion, and the Pennsylvania Superior Court affirmed. The Court held that “notwithstanding the Commonwealth’s unfortunate errors in this case, they do not rise to the level of recklessness displayed in Johnson.” The Court found that the evidence did not show the Commonwealth engaged in “prosecutorial overreaching” by acting “with a conscious disregard for a substantial risk” of depriving the defendant of a fair trial.