Moore v. State

I agree that the trial court properly denied Moore’s motion to dismiss but write separately to express a rationale other than that *1210espoused in the majority opinion. While I do not necessarily disagree with the majority’s discussion regarding lesser-ineluded offenses and the application of double jeopardy principles in this case, it is my view that the sole issue before us in this appeal is whether Moore may be retried for Attempted Criminal Deviate Conduct following a reversal of his conviction for that offense, even though the jury has convicted him of Criminal Confinement.

Although the…