(concurring) — I concur with the majority opinion except for the discussion concerning the habitual criminal charge. A reversal on appeal based upon insufficiency of the evidence, as here, is tantamount to an acquittal. Burks v. United States, 437 U.S. 1, 57 L. Ed. 2d 1, 98 S. Ct. 2141 (1978). A retrial is barred upon principles of *815double jeopardy. State v. Hennings, 100 Wn.2d 379, 670 P.2d 256 (1983).
Review denied by Supreme Court May 11,1984.