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IF I UNDERSTAND THE QUESTION CORRECTLY:

A 'de novo" appeal was made to nullify the original municipal court verdict and move the case from municipal court to county court.

A de novo hearing signifies that, in the eyes of the law, the initial hearing (in municipal court), never occurred and it is being heard in county court as if it were a 'new' case.

If the case was then dismissed by the county court judge, the reason for the dismissal would have to be known as well as under what conditions it was dismissed.

BUT - if the misdemeanor assault case was dismissed WITHOUT prejudice, it COULD be re-filed as a felony without creating double jeaopordy.

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13y ago

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