Duggins v. Commonwealth

KELSEY, Judge.

A jury found Tyrone Keith Duggins guilty of two counts of fraudulent use of a credit card. See Code § 18.2-195. On appeal, Duggins claims his convictions should be overturned because the trial court—in a prior proceeding—erroneously allowed the Commonwealth to nolle prosequi indictments alleging identical charges. Because these charges should not have been dismissed without prejudice in the prior proceeding, Duggins reasons, the new indictments alleging the same charges in the later proceeding should have been dismissed with prejudice. We disagree and affirm.

I

In September 2009,…