State v. Tuttle
Annotate this CaseAfter a jury trial, Defendant was found guilty of manslaughter with a firearm, attempted home invasion robbery with a firearm, and armed burglary. Prior to sentencing, the State informed the trial court that dual convictions for attempted home invasion robbery and armed robbery presented double jeopardy concerns. The parties subsequently debated as to which conviction should be vacated. The trial court accepted the position of the State and vacated the attempted home invasion robbery conviction, which carries a lesser sentence. The Second District Court of Appeal concluded that the lesser offense of armed burglary should have been vacated. The Supreme Court approved the decision below, holding that when a defendant is found guilty of two offenses and adjudication of the defendant as guilty for both offenses would violate double jeopardy protections, the lesser offense as defined by Pizzo v. State should be vacated.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.