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Click here for the full text of this decision FACTS:The appellant was charged with aggravated sexual assault. At the end of the guilt phase of the trial, the trial court submitted within the jury charge a lesser-included offense instruction for sexual assault. The jury acquitted the appellant of aggravated sexual assault, but found him guilty of sexual assault. On prior review, we held that the submission of the lesser-included offense of sexual assault was improper because it was not supported by the evidence. On remand, the Court of Appeals held that the remedy for this error is a retrial for the lesser offense HOLDING:The court of appeals’ judgment is affirmed. The court holds that the appropriate remedy in this case is a retrial for sexual assault, not because the evidence was legally insufficient to have proved aggravated sexual assault, but because the jury’s verdict that the appellant was guilty of the lesser-included offense of sexual assault operates as an acquittal of the greater offense of aggravated sexual assault to which jeopardy had attached. This prevents a retrial for the greater offense, but not for the lesser offense, the court concludes. OPINION:Price, J., delivered the opinion for a unanimous court.

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