¶1dissenting.
¶2The State has the discretion to nolle pros-equi a charge, then file another bill of information. An exception is when the procedure attempts to circumvent La.C.Cr.P. Art. 578. State v. Wells, 459 So.2d 648 (La.App. 4th Cir.1984). There is nothing here to indicate an intent to circumvent Art. 578.
¶3Since the crime alleged in the second bill of information is a felony, the State had two years from institution of prosecution to commence trial.