Sandy v. Commonwealth, 25 Va. App. 1, 486 S.E.2d 102 (1997). The Court of Appeals, upon a rehearing en banc, agreed with the panel, Sandy v.Commonwealth, 26 Va. App. 724, 496 S.E.2d 167 (1998), and the Commonwealth appeals. The Commonwealth argues that the Court of Appeals erred in holding that the Commonwealth's Attorney had breached the agreement with the defendant.

Additionally, the terms "dismissal" and " nolle prosequi" are used interchangeably or alternatively in numerous Court of Appeals and Supreme Court cases. See, e.g., Stockton v. Commonwealth, 227 Va. 124, 150, 314 S.E.2d 371, 387 (1984); Staunton Mut. Tel. Co. v. Buchanan, 108 Va. 810, 813, 62 S.E. 928, 929 (1908); Sandy v. Commonwealth, 26 Va.App. 724, 725, 496 S.E.2d 167, 168 (1998) ( en banc), rev'd on other grounds, 257 Va. 87, 509 S.E.2d 492 (1999); see also Code § 19.2-392.2(A)(2). Whether the Commonwealth framed its motion as a dismissal or as a nolle prosequi is of no consequence; there is no magic in the specific words.See Atl. Danville R. Co. v. Hooker, 194 Va. 496, 509, 74 S.E.2d 270, 279 (1953) ("The law has outgrown its primitive state of formalism when the precise word was the sovereign talisman, and every slip was fatal."); J.R. Wheler Co. v. James, 146 Va. 758, 768, 132 S.E. 859, 862 (1926) ("There is magic in words, but the law takes no note of it.