If an Appellate Court Reverses a Case Based on Insufficient

Multiple Choice

If an appellate court reverses a case based on insufficient evidence, the prosecutor:

A) can re-file the case based on his/her own discretion.
B) can re-file the case if it has evidence that was not admitted at the first trial.
C) can re-file the case as long as the new filing is based on lesser charges than the original case.
D) cannot re-file the case or file lesser included offenses.