¶1ORDER
¶2This case came on before the court upon a Petition for Reinstatement filed herein by Pete Stamper on September 30, 1983, and a Motion Requesting Oral Argument by Pete Stamper filed herein on September 30, 1983, and the court having examined the files and record of the court and being fully advised in the premises finds that it is appropriate to consider the Petition for Reinstatement as a Petition for a Writ of Certiorari; the writ of certiorari is an adequate and appropriate remedy by which the petitioner may separately assert and litigate to finality his claim that he is placed in double jeopardy and any error committed by the district court in Denying his Motion to Dismiss premised upon that ground in accordance with Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977); and Peterson v. State, Wyo., 586 P.2d 144 (1978) (see People ex rel. Mosley v. Carey, 74 Ill.2d 527, 25 Ill.Dec. 669, 387 N.E.2d 325 (1979), cert. denied 444 U.S. 940, 100 S.Ct. 292, 62 L.Ed.2d 306 (1979); State v. Sundel, R.I., 460 A.2d 939 (1983); and Whitwell v. State, Tenn., 520 S.W.2d 338 (1975)); there is no right to appeal from the Order denying the Motion to Dismiss, which is not a final order as defined in Rule 1.05, W.R.A.P.; the Writ of Certiorari should be granted in this case; the files and record of this court are sufficient to apprise the court of the facts surrounding the claim of double jeopardy and the denial of the Motion to Dismiss by the district court; there is no necessity in this case for further briefing or argument of either the facts or the law; the retrial of Pete Stamper does not place him twice in jeopardy because the reversal of his prior conviction was premised upon the incorrect *107receipt of evidence and an incorrect instruction (see Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978)); and the denial of the Motion to Dismiss by the district court should be affirmed, and it therefore is
¶3ORDERED that the Petition for Reinstatement filed herein by Pete Stamper on September 30, 1983, be, and the same hereby is, considered as a Petition for a Writ of Certiorari; and it further is
¶4ORDERED that the Writ of Certiorari be, and the same hereby is, granted to the extent required for review of the denial of the Motion to Dismiss by the district court; and it further is
¶5ORDERED that the Motion Requesting Oral Argument be, and the same hereby is, denied; and it further is
¶6ORDERED that the action of the district court in denying the Motion to Dismiss by Pete Stamper based upon his claim of double jeopardy be, and the same hereby is, affirmed.