STATE v. TUTTLE

No. SC14-817.

177 So.3d 1246 (2015)

STATE of Florida, Petitioner, v. Timothy W. TUTTLE, Jr., Respondent.

Supreme Court of Florida.

November 12, 2015.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, FL; Donna S. Koch , Assistant Attorney General, and John M. Klawikofsky , Assistant Attorney General, Tampa, FL, for Petitioner.

Howard L. Dimmig II , Public Defender, and Benedict P. Kuehne , Special Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL; and Michael T. Davis of the Law Office of Benedict P. Kuehne, P.A., Miami, FL, for Respondent.


The State of Florida seeks review of the decision of the Second District Court of Appeal in Tuttle v. State, 137 So.3d 393 (Fla. 2d DCA 2014), on the ground that it expressly and directly conflicts with the decisions of the First District Court of Appeal in Johnson v. State,

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