State of Florida, Petitioner v. Timothy W. Tuttle, Jr., Respondent

Summary

The court held that when guilty verdicts on two offenses create a double-jeopardy violation, the lesser offense must be vacated even if it carries a greater punishment than the greater offense. The court concluded that the lesser offense is identified by comparing statutory elements, not penalties, and that the issue arises upon the return of overlapping guilty verdicts even if the trial court cures it before adjudication. The court approved the decision below and disapproved conflicting decisions to the contrary.