Fifth Amendment Protection Against Double Jeopardy
The Fifth Amendment protection against double jeopardy includes "three separate guarantees:
(1) 'It protects against a second prosecution for the same offense after acquittal.
(2) It protects against a second prosecution for the same offense after conviction.
(3) And it protects against multiple punishments for the same offense.'" Illinois v. Vitale, 447 U.S. 410, 415, 65 L. Ed. 2d 228, 100 S. Ct. 2260 (1980) (quoting North Carolina v. Pearce, 395 U.S. 711, 717, 23 L. Ed. 2d 656, 89 S. Ct. 2072 (1969)).
This appeal involves only the question of whether appellant received multiple punishments for the same offense.
In Brown v. Ohio, 432 U.S. 161, 53 L. Ed. 2d 187, 97 S. Ct. 2221 (1977), the Court stated the principal test for determining whether two offenses are the same for purposes of barring successive prosecutions.
Quoting from Blockburger v. United States, 284 U.S. 299, 304, 76 L. Ed. 306, 52 S. Ct. 180 (1932), which in turn relied on Gavieres v. United States, 220 U.S. 338, 342-343, 55 L. Ed. 489, 31 S. Ct. 421 (1911), the Court held that "'the applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.'" 432 U.S. at 166.