(concurring). I concur in the denial of the motion for rehearing, but I write separately to clarify that double jeopardy principles do not bar the prosecutor from charging defendant with and retrying him for second-degree criminal sexual conduct. Defendant may be retried for that offense because he successfully appealed his conviction and the reversal was not based on insufficient evidence to support the guilty verdict. See Burks v United States, 437 US 1 (1978); Tibbs v Florida, 457 US 31 (1982); Lockhart v Nelson, 488 US 33 (1988).
Weaver, J. I join the statement of Justice Corrigan.