Thus, Smoot can't be retried for holding a spot of prostitution devoid of violating the Double Jeopardy Clause of the United States Constitution, which "forbids the State from conducting a 2nd trial in buy to get a next prospect to provide proof of the defendant's guilt that it failed to muster in the initially proceeding." (Punctuation and footnote omitted.) Jones v. State, 272 Ga. five.