Robert Gaffney, Appellant, v. State of Florida, Appellee. (2023)

District Court of Appeal of Florida, Fifth District.

Robert Gaffney, Appellant, v. State of Florida, Appellee.

Case No. 5D23-853

Decided: December 05, 2023

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.

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.”).

Per Curiam.

Edwards, C.J., Lambert, and Maciver, JJ., concur.

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