September 21, 2006
James Frank Pizzo v. State of Florida
Case Number(s):
SC05-1951

Transcript:

Summary:

Mr. Pizzo was convicted of several counts of mortgage fraud and grand theft and one count each of organized fraud, conspiracy to commit racketeering and racketeering. The convictions stemmed from operations of his family-owned business, which sold windows, siding and other home-improvement materials via telemarketing and direct sales. He was sentenced to prison for 15 years. On appeal, the Second District Court of Appeal affirmed the racketeering conviction and reversed the mortgage fraud and conspiracy to commit racketeering convictions because of erroneous jury instructions Because the 2nd DCA was unable to determine whether grand theft or organized fraud was the lesser offense in the double jeopardy context, it reversed both and remanded the determination to the trial court.