We were set for trial on a Misd. Theft By Check Case. We have a new prosecutor. He was not ready on the day of trial, and the judge would not reset the case. So on the day of trial we dismissed the case, with the intent to refile the case, relying upon it being tolled. By the way the Statute of Limitations has ran on the check. There was nothing wrong with the information. The defense attorney has notified us that if his client is arrested, he will file a grevance against the prosecutor. He interprets Article 12.05(c) of the CCP as saying that the information must be invalid to do this, and it may be prosecutorial misconduct to refile under these circumstances. What sayest ya'all?

See McAlister v. State, 119 S.W.3d 460 (Tex. App.--Fort Worth 2003, no pet.).

Thank you for the quick response. Our on Appellate Chief, Karla found the same case.