Published: May 23, 2012 6:11 PM EDT
Updated: May 23, 2012 6:16 PM EDT

LEE COUNTY, Fla.- There's been a delay in sentencing for convicted murderer Timothy Tuttle.

In April, a jury found Tuttle guilty of killing Cape Coral resident Eric Steubinger during a home invasion robbery in July of 2010, leaving family and friends of Steubinger angry and frustrated.

In court, wearing a red jumpsuit, Tuttle is facing three counts against him. The first is manslaughter, which carries a thirty-year sentence. But it is the second and third counts against him that deal with the home invasion robbery that are in question right now. Since they both deal with the home invasion, the double jeopardys law come into effect.

The State is willing to drop count two because it carries a lesser sentence. The defense wanted count three dropped.

The judge decided to wait before rendering a decision.

WINK News will continue to follow this trial.