Tuttle v. State

VTLLANTI, Judge.

Timothy W. Tuttle, Jr., appeals his convictions and sentences for one count of manslaughter with a firearm and one count of armed burglary. We affirm Tuttle’s conviction for manslaughter with a firearm without further discussion. However, for the reasons that follow, we must vacate Tuttle’s conviction and sentence for armed burglary and remand for further proceedings.

On July 10, 2010, two armed and masked men burst into the house Eric Stuebinger shared with his girlfriend and their infant son. Once inside, the perpetrators demanded drugs and money. When neither was…