Middleton v. State

In this direct criminal appeal, appellant claims his retrial and conviction for first-degree murder with a firearm violated the constitutional prohibition against double jeopardy because he was acquitted on that charge at his prior trial when the jury convicted him of the lesser included offense of second-degree murder with a firearm. We agree. Accordingly, we reverse and remand with directions that the trial court adjudicate and sentence appellant for the lesser included offense of second-degree murder with a firearm.

In June 2000, appellant was tried for first-degree murder with a firearm…