MUSKOGEE, Oklahoma - A judge in Muskogee County has dismissed charges against a man whose first-degree murder conviction was overturned last year by the Oklahoma Court of Criminal Appeals.

Clinton Riley Potts was convicted in 2009 for the death of Gregory Clark, who was shot twice and beaten to death. The Muskogee Phoenix reports that District Judge Mike Norman dismissed the case Thursday.

Prosecutors initially charged a second man, Jerry Pippin, in Clark's death but those charges were dismissed in February 2009. Potts' attorney, Rob Nigh, argued that prosecutors also needed to drop charges against Potts because they'd claimed the two men worked together to kill Clark.

Assistant District Attorney Dan Medlock says prosecutors have not decided whether to appeal the dismissal of the case.