Moore v. State

OPINION

SULLIVAN, Judge.

Appellant, Thomas O. Moore (Moore), by this interlocutory appeal challenges the denial of his motion to dismiss the charge of Attempted Criminal Deviate Conduct.

We affirm.

The interlocutory appeal presents one issue, which we restate as follows:

Whether double jeopardy considerations preclude retrial upon the charge of Count I, Attempted Criminal Deviate Conduct, in light of his conviction upon Count II, the included offense of Criminal Confinement.

In 1989, Moore was convicted of Count I, Attempted Criminal Deviate Conduct,1 and Count II, Criminal Confinement.2 In 1991,…