Does Acquittal of felony murder in the guilt/innocence phase prevent the state from seeking the death penalty on the grounds that the killing occurred during the commission of a felony?

2 Where the original proceedings have all the characteristics of a trial on guilt or innocence, it does not matter whether the fact at issue was originally determined in the guilt/innocence phase, the sentencing phase, or, as here, as an enhancement factor tried during the guilt/innocence phase. See, e.g., Delap v. Dugger, 890 F.2d 285, 316 (11th Cir.1989) (acquittal of felony murder in guilt/innocence phase prevents state from seeking death sentence on the ground that the killing occurred during the commission of a felony).