I figure you are being sarcastic. But, for others, the state can't lose on a paperwork technicality. It's impossible unless they do so deliberately. The rules give the state every opportunity to correct errors, even overcharging (which is one reason why Corey did not go to a grand jury - if she had, she would give up the ability to reduce the charges stated on the face of the "indictment").
As this is a political prosecution in the first place, Corey is pushing the inevitable decision off to the judge. She can fight like hell, and claim it was all in good faith.
I was suggesting they WOULD do so deliberately in order to avoid having to face up to the fact that they don't have a case.