Commonwealth v. Smith

OPINION

ACREE, Judge:

The issue presented is whether a circuit court may convert a dismissal of a criminal indictment without prejudice to a dismissal with prejudice nine years after entry of the original dismissal. We conclude, based on Commonwealth v. Sowell, 157 S.W.3d 616 (Ky.2005), it cannot.

Facts and procedure

John Smith was indicted in October 2000 for first-degree trafficking in a controlled substance, tampering with physical evidence, and possession of drug paraphernalia. The charges arose following a traffic stop of the vehicle Smith was driving. He entered a plea of not guilty, and a…