¶1dissenting in part.
¶2{¶ 14} I respectfully dissent as to the fourth assignment of error.
¶3{¶ 15} The majority finds this alleged error moot. However, I disagree because if the state failed to provide sufficient evidence to prove an element of the offense, then double jeopardy would prevent a retrial.
¶4{¶ 16} Therefore, I would address the alleged error and find Beebe’s argument lacks merit. Consequently, I would overrule Beebe’s fourth assignment of error.
¶5{¶ 17} Thus, I dissent in part.