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COURT OF APPEALS OF VIRGINIA

Present: Judges Kelsey, Haley and Powell Argued at Alexandria, Virginia

RAFAEL HERNANDEZ v. Record No. 1892-08-4 OPINION BY JUDGE JAMES W. HALEY, JR. NOVEMBER 17, 2009

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA Lisa B. Kemler, Judge 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.

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 Commonwealth and the defendant, to order a dismissal or other disposition of criminal charges, when such a dismissal or other disposition is not otherwise authorized by statute.

II. BACKGROUND The relevant facts may be succinctly stated. Rafael Hernandez was tried by a court upon a charge of feloniously assaulting a police officer, in violation of Code

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