A spokesman said the state would appeal the judge's decision.
A court later dismissed the charges against West, a ruling which the state appealed.
But that order was suspended when the state immediately appealed it.
The state appealed the dismissal which brought the case to the court of appeals.
The states would probably appeal a loss in the appellate court, he added.
She would not say if the state would appeal further.
Both the city and the state appealed this decision.
The state still may appeal, she said, but no decision has been made.
Without a decision on whether the state will appeal, the immediate impact of the ruling was unclear.
He added that it was too soon to speculate whether the state would appeal.