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.
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