Michael Dorman, of Mebane, was charged with the murder of 31-year-old Lakeia Boxley. Boxley disappeared from her Durham apartment in March 2008.
Dorman maintains that he found the bones.
Superior Court Judge Orlando Hudson dismissed the charge last year after ruling that prosecutors had destroyed evidence without allowing the defense to review it.
Once the medical examiner's office released the remains, Boxley's family had them cremated, leaving no evidence for trial.
Dorman remains behind bars pending the appeal. A judge lowered Dorman's bond to $150,000 earlier this month despite having the charges dismissed.