Double Jeopardy
Article I, § 9 of the Florida Constitution reads, “no person shall be twice put in jeopardy for the same offense.” Similarly, the Fifth Amendment to the United States Constitution provides that “no person shall be subject for the same offence to be twice put in jeopardy of life or limb.” But what happens when a jury returns a verdict finding a defendant guilty of two criminal offenses having the same elements, but one which carries a lesser sentence than the other? As seen, neither the United States Constitution nor the Florida Constitution dictate which conviction should be vacated. This issue was recently addressed by the Florida Supreme Court in State of Florida v. Tuttle , SC14-817 (Nov. 12, 2015). In Tuttle , a jury returned a verdict finding the defendant guilty of attempted home invasion burglary and armed burglary. Before the trial court entered the sentencing phase, the State of Florida advised the court of the double jeopardy issue and requested that the cou