State v. Combs

OPINION

Respondent Combs has filed a motion to dismiss this appeal, arguing that the appeal is moot because retrial is barred by the proscription against double jeopardy. Appellant opposes the motion. For the reasons stated below, we grant respondent’s motion and dismiss this appeal.

Respondent was charged with four counts of sexual assault on a child under the age of 16 years. Specifically, respondent was charged with sexually assaulting a nine-year-old girl. Although the wording of each of the four counts was identical, the State’s theory was that there were two incidents of penile…