Eleventh Circuit -- Delgado v. Florida Department of Corrections

No double jeopardy where Appeals Court sets aside the conviction for a faulty legal theory as opposed to an insufficiency of the evidence.

State's theory on burglary was TKO'd on appeal - felony murder and premeditated murder were tied to it.  (The latter as an included offense.)

Delgado v. Florida Department of Corrections 

 [Thou shalt not kill.  TMB.]