Today, Orlosky won that fight:
A good day for Bob Orlosky, but this is just a skirmish – the main battle still lies in the future...
The judge said that based on state Supreme Court rulings in similar cases, “there was no justification” for prosecutors to add an allegation after the trial that would have substantially increased Orlosky's possible prison sentence at a new trial. He said there was no evidence that prosecutors were out to get Orlosky or Pfingst because of the earlier acquittal, but that filing the allegation fit the legal definition of vindictive prosecution.
Agreeing with Pfingst's argument, Hanoian (the judge) said that under Supreme Court rulings, a new or stiffer charge cannot be added after a trial unless it's based on new evidence or information that wasn't available to prosecutors at the time of the initial trial.