I have a pro se Defendant on a FV assault who is mad that I dismissed his case "pending further investigation" rather than with prejudice. He has requested a hearing on his motion to reconsider the dismissal. 32.02 and all common sense lead me to believe that the State may dismiss a case for any reason. Is there some limit to that discretion? My judge has said something cryptic about how I should have the relevant caselaw in hand, but it's hard for me to imagine that there is a lot of caselaw. Anyone had experience with this question?

Sounds like a silly motion. How does judge even have jurisdiction to reconsider after signing it?

I agree with JB. The relevant time to challenge it would be after you refile (if you do), but even then I doubt it would be successful.

When a trial court empowered with jurisdiction over a criminal case sustains a motion to dismiss an indictment or information, the accused is discharged; because of such a dismissal, there is no case pending against the accused and, accordingly, no jurisdiction remaining in the dismissing court. State ex rel. Holmes v. Denson, 671 S.W.2d 896, 898-99 (Tex. Crim. App. 1984, orig. proceeding); Garcia v. Dial, 596 S.W.2d 524, 528 (Tex. Crim. App. [Panel Op.] 1980, orig. proceeding). n1 When there is no jurisdiction, a court has no power to act, and any action taken in the absence [**4] of jurisdiction is void. Garcia, 596 S.W.2d at 528. Although most rights and procedural matters may be waived, jurisdictional matters may not be waived. Ex parte Smith, 650 S.W.2d 68, 69 (Tex. Crim. App. 1981); Lacks v. State, 574 S.W.2d 97, 100 (Tex. Crim. App. [Panel Op.] 1978); Garza v. State, 695 S.W.2d 726, 729 (Tex. App. -- Dallas 1985), aff'd, 725 S.W.2d 256 (Tex. Crim. App. 1987).

Smith v. State, 801 S.W.2d 629, 631 (Tex. App. Dallas 1991)

Of course, the court would have no authority to dismiss the case with prejudice to begin with. The only possible relief would be to reinstate (un-dismiss) the case (not likely what the defendant wants).