When judgment is set aside in any case pursuant to Rule 29.13, the defendant shall be discharged unless the court finds that there is reasonable grounds to believe that defendant can be convicted of an offense if properly charged, in which event the court may order the defendant to be recommitted or released pursuant to Rule 33.
Mo. R. Crim. P. 29.14
Committee Note - 1980
This is substantially the same as prior Rule 27.23.