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HERNANDEZ v. COM.

Record No. 1892-08-4.

684 S.E.2d 845 (2009)

55 Va. App. 190

Rafael HERNANDEZ v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 17, 2009.

Attorney(s) appearing for the Case

Paul E. Pepper, Deputy Public Defender (Office of the Public Defender, on brief), for appellant.

Eugene Murphy, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: KELSEY, HALEY and POWELL, JJ.

JAMES W. HALEY, JR., Judge.

I. INTRODUCTION

The issue here for resolution may be stated as follows: Does a trial court have the inherent authority to dismiss criminal charges on grounds other than the legal or factual merits, when such a dismissal is not authorized by statute? We conclude a trial court does not have such inherent authority.

However, we do not address the question as to whether a court has the authority, with the agreement of the...

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