Commonwealth v. Rega

OPINION BY

GANTMAN, J.:

¶ 1 Appellant, Robert Gene Rega, asks us to determine whether the trial court erred when it granted the Commonwealth’s motion for nolle prosequi without prejudice and without giving him notice or an opportunity to be heard. We hold Appellant must be given notice and an opportunity to oppose the Commonwealth’s motion for nolle prosequi. Accordingly, we vacate the court’s order granting the nolle prosequi, and remand the matter for a hearing on the Commonwealth’s motion.

¶2 The relevant facts and procedural history of this appeal are as follows. In 2001, Appellant was…