James Houston Roughton v. State of Florida

A defendant’s right not to be placed in jeopardy more than once for the same offense is personal to that defendant. In order to determine if a particular defendant’s right has been- .violated, we. must start -with an ..analysis • .of the charges against that defendant — not what is potentially chargeable under a particular statute. Thus, section 775.021(4)(a), Florida Statutes — -which requires a double jeopardy analysis to be conducted without regard to the specific charges against a defendant or which charges have been proven — is antithetical to the purpose and meaning of the' double…