Opinion
Case No. 5D23-853
12-05-2023
Robert GAFFNEY, Appellant, v. STATE of Florida, Appellee.
Matthew J. Metz, Public Defender, and Natalie R Gossett, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, and Christina Piotrowski and Adam B. Wilson, Assistant Attorney Generals, Tallahassee, for Appellee.
On Appeal from the Circuit Court for Duval County. Meredith Charbula, Judge. LT Case No. 2021-CF-008542
Matthew J. Metz, Public Defender, and Natalie R Gossett, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, and Christina Piotrowski and Adam B. Wilson, Assistant Attorney Generals, Tallahassee, for Appellee. Per Curiam.
Affirmed. See Roughton v. State, 185 So. 3d 1207, 1211 (Fla. 2016) ("We recede from our prior decision in Gibbs [v. State, 698 So. 2d 1206 (Fla. 1997),] and hold that a double jeopardy analysis must—in accordance with section 775.021(4)[, Florida Statutes]—be conducted without regard to the accusatory pleading or the proof adduced at trial, even where an alternative conduct statute is implicated.").
Edwards, C.J., Lambert, and MacIver, JJ., concur.