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COM. v. SMITH

No. 2010-CA-001703-MR.

354 S.W.3d 595 (2011)

COMMONWEALTH of Kentucky, Appellant, v. John SMITH, Appellee.

Court of Appeals of Kentucky.

October 28, 2011.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, Samuel J. Floyd, Jr. , Special Assistant Attorney General, Frankfort, KY, for Appellant.

No brief for appellee.

Before ACREE, MOORE and NICKELL, Judges.

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...

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