MINNEAPOLIS (AP) — Minnesota prosecutors are asking a judge to reinstate one count that had been previously dismissed against the former Minneapolis officer charged with killing George Floyd — saying an appellate court decision from earlier this week shows the count can apply.

Derek Chauvin faces trial in March on one count of second-degree murder and one count of manslaughter.

Prosecutors want to reinstate a third-degree murder charge.

Their request comes after the state Court of Appeals ruled Monday that a third-degree murder conviction can be sustained even if the action is directed at a specific person.

That thinking is at odds with Judge Peter Cahill's reasons for dismissing the count.

According to The Associated Press, Judge Cahill dismissed the charge in October, stating prosecutors needed to "show Chauvin’s intentional conduct was eminently dangerous to others and not specifically directed at Floyd" if they wanted to prove a third-degree murder charge.

Prosecutors say the appellate decision sets precedent and gives new guidance on how to proceed.