New Mexico prosecutors won’t pursue an appeal of a court’s decision to dismiss an involuntary manslaughter charge against Alec Baldwin.

A New Mexico judge has upheld her own decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie.

A jury has been seated in Alec Baldwin’s involuntary manslaughter trial in New Mexico and opening statements will begin Wednesday.