dissenting.
I join in Justice Scalia’s dissenting opinion, with the exception of its closing footnote. I adhere to my view that the Double Jeopardy Clause requires, except in very limited circumstances, that all charges against a defendant growing out *388of a single criminal transaction be tried in one proceeding. See Ashe v. Swenson, 397 U. S. 436, 448-460 (1970) (Brennan, J., concurring); Morris v. Mathews, 476 U. S. 237, 257-268 (1986) (Brennan, J., dissenting). For this reason I do not agree that the State is free to retry respondent for a non-jeopardy-barred lesser included offense.