Tuttle v. State
137 So. 3d 393
Fla. Dist. Ct. App.2014Background
- Tuttle appeals his convictions for manslaughter with a firearm and armed burglary.
- Court affirms the manslaughter conviction but vacates the armed burglary conviction and remands for further proceedings.
- Facts: on July 10, 2010, two armed intruders killed Stuebinger; girlfriend identified Tuttle; charges included second-degree murder, attempted home invasion robbery with a firearm causing death or great bodily harm, and armed burglary.
- At trial, jury convicted on the lesser offenses of manslaughter with a firearm and attempted home invasion robbery, and guilty as charged of armed burglary.
- At sentencing, the parties disputed which conviction was the “lesser” for double jeopardy; the court vacated the attempted home invasion robbery verdict, and sentenced on armed burglary.
- The court later held the State erred under Pizzo and related cases; burglary is the lesser offense and must be vacated, with resentencing on manslaughter and attempted armed home invasion robbery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which offense is the lesser for double jeopardy? | State argues attempted home invasion robbery is the lesser offense due to its sentence. | Tuttle argues burglary is subsumed and is the lesser offense. | Burglary is the lesser offense; must be vacated. |
| Was the trial court's vacatur of the correct conviction under Pizzo? | State contends vacating attempted home invasion was proper. | Tuttle contends burglary should be vacated as the lesser offense. | Under Pizzo analysis, burglary is the lesser offense and should be vacated. |
| Did the court correctly apply the statutory elements test for lesser offenses? | State relies on statutory-element subsumption under 775.021(4)(b)(3). | Tuttle emphasizes Pizzo requires element-based comparison. | Court properly used Pizzo's element-based approach; burglary is subsumed and lesser. |
Key Cases Cited
- Pizzo v. State, 945 So.2d 1203 (Fla. 2006) (limits lesser-offense analysis to statutory elements, not punishment)
- Schulterbrandt v. State, 984 So.2d 542 (Fla. 2d DCA 2008) (burglary subsumed by attempted home-invasion robbery; vacate burglary)
- Perez v. State, 951 So.2d 859 (Fla. 2d DCA 2006) (pre-Pizzo cases relied on for lesser-offense analysis)
- Coleman v. State, 956 So.2d 1254 (Fla. 2d DCA 2007) (pre-Pizzo authority cited in lesser-offense discussions)
- McAllister v. State, 718 So.2d 917 (Fla. 5th DCA 1998) (recognizes burglary as lesser when subsumed by greater offense)
- Black v. State, 677 So.2d 22 (Fla. 4th DCA 1996) (early authority cited on subsumption under Pizzo framework)