Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Burglary’

Double Jeopardy | Tuttle v. State

Burglary | Double Jeopardy

Double Jeopardy Tuttle v. State Depending on which crime an individual is charged with determines the severity of penalties someone may face if ultimately convicted. As we have discussed in other posts, the prosecutor’s decision on which charge to file matters. In Tuttle v. State, Florida’s Second District Court of Appeals reviews a case in which the double jeopardy rule applies, and the definition of “lesser offense” is disputed. Timothy Tuttle, Jr., was charged with second-degree murder, as well as armed burglary and attempted home invasion; this is a result of a fatal incident involving Tuttle and an accomplice. Masked and armed with guns, Tuttle and his colleague broke into a home in Florida and demanded money and drugs. After looting the house, Eric Stuebinger was shot and the men fled; Stuebinger later died from the gunshot wound. The victim’s girlfriend was able to positively identify Tuttle in trial, and the jury reached a verdict of guilty on the charges of manslaughter with a firearm, armed burglary, and attempted home invasion robbery. Both the State and Tuttle agreed on the fact that he cannot be found… Read More