Commonwealth v. Hill

OPINION

DIXON, Judge.

The Commonwealth of Kentucky appeals an order of Kenton Circuit Court dismissing one count of a four count indictment against David Hill. We vacate and remand.

Hill and a co-defendant were indicted by a Kenton Circuit Court Grand Jury on December 16, 2005. Hill was charged in Count I with second offense trafficking in marijuana less than eight ounces and in Count II with possession of a handgun by a convicted felon. Hill’s co-defendant was charged in Count III with possession of a controlled substance. The case was set for trial on March 15, 2006. However, on March 9, the…