Commonwealth v. Adkins

GRAVES, Justice.

The sole issue presented in this appeal is whether the circuit court retained jurisdiction of a felony DUI charge after the circuit court amended the charge to a misdemeanor. We hold that the circuit court’s jurisdiction was triggered by the filing of the indictment in which the grand jury issued a formal written accusation that Appellee had committed a felony offense with appropriate venue. Subject matter jurisdiction is determined from the indictment. Latent deficiencies in the facts leading to the issuance of the indictment affects only the legal sufficiency of the charge,…