SC05-1951 – James Frank Pizzo A/K/A James Pizzo, Jr. v. State of Florida

State: Florida

Docket No: SC05-1951

Case Date: 12/14/2006

Preview:Supreme Court of Florida
____________ No. SC05-1951 ____________ JAMES FRANK PIZZO a/k/a JAMES PIZZO, JR., Petitioner, vs. STATE OF FLORIDA, Respondent. [December 21, 2006] BELL, J. James Pizzo seeks review of the decision of the Second District Court of Appeal in Pizzo v. State, 916 So. 2d 828 (Fla. 2d DCA 2005), on the ground that it expressly and directly conflicts with the decision of the Fifth District Court of Appeal in Donovan v. State, 572 So. 2d 522 (Fla. 5th DCA 1990). 1 The district courts are in conflict regarding the proper analysis to employ when determining which offense is the lesser offense in the double jeopardy context. We have

1. Pizzo also asserted conflict with Stav v. State, 860 So. 2d 478 (Fla. 4th DCA 2003); however, the analysis in Stav does not expressly conflict with the analysis at issue here.

jurisdiction. See art. V,

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