Gibson v. Commonwealth

Opinion of the Court by

Justice VENTERS.

This is an appeal from a Court of Appeals decision affirming the dismissal without prejudice of a criminal indictment against Appellant, Shannon Gibson. The issue presented is whether a trial court has the authority, over objection of the Commonwealth, to designate the pretrial dismissal of a criminal case as “with prejudice.” We find that the trial court does not have such authority, and affirm the Court of Appeals.

I. RELEVANT FACTS

Appellant was charged in the Grayson Circuit Court with a violation of KRS 514.050, theft of services over $300.00, in…