At the Nueces County Courthouse.

A judge has agreed to dismiss the murder charges against 27-year old Courtney Hayden.

Hayden was convicted and sentenced back in November 2015 for fatally shooting Anthony Macias. Defense uncovered evidence the lead prosecutor in the case failed to turn over --granting Hayden a new trial.

She was sentenced to 40-years for an aggravated robbery.

Hayden will be back in court later this morning for the punishment phase.