The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
SAN MARTIN, Pablo (W/M)
DC# 445904
DOB: 07/23/67
Eleventh Judicial Circuit, Dade County, Case #92-6089-C
Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.
Attorney, Trial: Fernando C. De Aguero – Special Public Defender
Attorney, Direct Appeal: Lee Weissenborn
Attorney, Collateral Appeals: Gustavo Garcia-Montes – Registry
Date of Offense: 12/06/91
Date of Sentence: 11/24/93
Circumstances of Offense:
Pablo San Martin was convicted and sentenced to death for the murder of Raul Lopez.
On 12/06/91, Danilo Cabanas, Sr., Danilo Cabanas, Jr., and Raul Lopez went to pick up $25,000 in cash from the bank for the check-cashing business owned by the Cabanas family. The men left the bank in two cars with Cabanas Sr. and Jr. riding in the first car and Lopez following in a truck. On the Palmetto Expressway, the three men were “boxed in” by two Suburbans at a stoplight. San Martin, and co-defendants, Pablo Abreu and Leonardo Franqui exited the Suburbans, and San Martin told the victims not to move. The men in the Suburbans fled the scene after an exchange of gunfire. Lopez was then found to have been shot in the chest and was taken to the hospital, but he died shortly after arriving at the hospital.
San Martin confessed to his involvement in the planning and execution of the crime in an oral statement. He later told the police that the firearms could be found in a river near his home. The police were able to retrieve two weapons: a 9mm semiautomatic pistol and a .357 revolver.
The confession of Leonardo Franqui also was admitted. The events of the crime described by Franqui were very similar to the confession of Pablo San Martin. Franqui admitted to carrying a .357 revolver, and an expert was able to determine that the bullet that killed Lopez came from a .357 revolver.
Additional Information:
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Current Prison Sentence History |
|||||
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
11/29/91 |
First-Degree Murder (Attempted) |
10/15/92 |
Dade |
9206346 |
27 Years |
|
11/29/91 |
Robbery w/Deadly Weapon (Attempted) |
10/15/92 |
Dade |
9206346 |
15 Years |
|
01/03/92 |
Robbery w/Deadly Weapon |
10/11/94 |
Dade |
9202141 |
Life |
|
01/03/92 |
First-Degree Murder |
11/24/98 |
Dade |
9202141 |
Life |
|
01/14/92 |
Kidnap during Commission of Felony |
10/15/92 |
Dade |
9201680 |
27 Years |
|
01/14/92 |
Robbery w/Deadly Weapon |
10/15/92 |
Dade |
9201680 |
27 Years |
|
Prior Florida Prison Sentence History |
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|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
11/29/91 |
Grand Theft-Motor Vehicle |
10/15/92 |
Dade |
9206346 |
5 Years |
|
01/03/92 |
Agg. Assault w/no Weapon, No intent to Kill |
10/11/94 |
Dade |
9202141 |
5 Years |
|
01/03/92 |
Robbery w/Deadly Weapon |
10/11/94 |
Dade |
9202141 |
5 Years |
|
01/03/92 |
Burglary Unoccupied Structure |
10/11/94 |
Dade |
9202141 |
5 Years |
|
01/03/92 |
Grand Theft-Motor Vehicle |
10/11/94 |
Dade |
9202141 |
5 Years |
|
01/03/92 |
Burglary Unoccupied Structure |
10/11/94 |
Dade |
9202141 |
5 Years |
Dade County Circuit Court #92-6346
On 11/29/91, Pablo San Martin, the defendant, and an unidentified co-defendant approached Pedro R. Santos, the victim, as he walked from the main building to the drive-through teller area of the Republic National Bank. Santos worked as a security guard at the bank. The defendants told him to drop the moneybag that he was carrying or they would kill him. Before Santos was able to follow their order, one of the defendants started to shoot at him but did not actually wound Santos. Santos returned fire, and the defendants returned to their car and drove away. On 07/08/92, San Martin was found guilty of the counts listed within the indictment. San Martin was sentenced to 27 years for Attempted First-Degree Murder, 15 years for Attempted Robbery with a Firearm, and five years for Grand Theft of a Motor Vehicle.
Dade County Circuit Court #92-2141
One 01/03/92, Pablo San Martin, the defendant, Leonardo Franqui, Ricardo Gonzalez, and Fernando Fernandez, the co-defendants robbed the Kislak National Bank in North Miami. Steven Bauer, a police officer, was shot to death during the incident. San Martin was sentenced to five sentences, of five years each, for Robbery with a Deadly Weapon, and Aggravated Assault, two counts Grand Theft Motor Vehicle, and Burglary or Attempt of an Unoccupied Structure. On 10/11/94, the jury found San Martin guilty of the seven offenses listed within the indictment. The jury convicted San Martin of First-Degree Murder of a Law Enforcement Officer and recommended life during advisory sentencing. The judge did not follow the jury’s recommendation and sentenced San Martin to death. On 06/11/98, the Florida Supreme Court affirmed the conviction, but vacated the death sentence and imposed a life sentence without possibility of parole because the Florida Supreme Court found error in the judge’s actions during sentencing, particularly that he overruled the jury’s advisory sentence when it was not unreasonable (717 So. 2d 462).
Codefendant Information:
Pablo Abreu (Dade County Circuit # 92-6089)
Pablo Abreu was convicted of seven counts for his involvement in the crimes that occurred on 12/06/91. Abreu was sentenced on 07/02/93. He received one life sentence for the crime of First-Degree Murder during the Commission of a Felony. Abreu received two life sentences for the two counts of Attempted First-Degree Murder during the Commission of a Felony. He received two 15-year sentences for Attempted Robbery with a Deadly Weapon and Threatening to Use A Firearm. Abreu received two five-year sentences for the two counts of Grand Theft Motor Vehicle.
Leonardo Franqui (Dade County Circuit # 92-6089)
Leonardo Franqui was convicted of six counts for his involvement in the crimes that occurred on 12/06/91. Franqui was sentenced on 11/24/93. Franqui received two life sentences for the two counts of Attempted First-Degree Murder during the Commission of a Felony. He received two 15-year sentences for Attempted Robbery with a Deadly Weapon and Threatening to Use A Firearm. Franqui received two five-year sentences for the two counts of Grand Theft Motor Vehicle.
Trial Summary:
02/18/92 San Martin was indicted on the following counts:
Count I: First-Degree Murder
Count II: Attempted First-Degree Murder with a Firearm
Count III: Attempted First-Degree Murder with a Firearm
Count IV: Attempted Robbery with a Firearm
Count V: Third-Degree Grand Theft Motor Vehicle
Count VI: Third-Degree Grand Theft Motor Vehicle
Count VII: Unlawful Possession of a Firearm while Engaged in a Criminal Offense
07/24/93 The jury returned guilty verdicts for each count of the indictment.
11/04/93 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.
11/23/93 San Martin was sentenced as follows:
Count I: First-Degree Murder Death
Count II: Attempted First-Degree Murder with a Firearm Life
Count III: Attempted First-Degree Murder with a Firearm Life
Count IV: Attempted Robbery with a Firearm 15 years, less 680 days for time served
Count V: Third-Degree Grand Theft Motor Vehicle 5 years, less 680 days for time served
Count VI: Third-Degree Grand Theft Motor Vehicle 5 years, less 680 days for time served
Count VII: Unlawful Possession of a Firearm while Engaged in a Criminal Offense 15 years, less 680 days for time served
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #83,611
705 So. 2d 1337
04/27/94 Appeal filed.
12/24/97 FSC affirmed the conviction and sentence.
02/23/98 Rehearing denied.
03/25/98 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #97-9227
525 U.S. 841
05/26/98 Petition filed.
10/05/98 USSC denied the petition.
Circuit Court – 3.850 Motion
CC #92-6089-C
10/04/99 Motion filed.
04/17/00 Amended motion filed.
03/20/02 Amended motion filed.
12/01/03 Amended motion filed.
03/31/05 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 05-831
995 So.2d 247
05/10/05 Appeal filed.
08/28/08 FSC affirmed denial of motion.
09/11/08 Motion for Rehearing filed.
11/17/08 Rehearing denied.
12/03/08 Mandate entered.
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 08-23487
12/18/08 Petition filed
08/14/09 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-14311
08/20/09 Appeal filed
02/23/11 Denial of Habeas Petition affirmed
Factors Contributing to the Delay in Execution of Sentence:
The Direct Appeal took three years to be decided.
Case Information:
Pablo San Martin filed his Direct Appeal in the Florida Supreme Court on 04/27/94. He raised a number of issues on Direct Appeal. The issues included that San Martin was not allowed an individual-sequestered voir dire of the prospective jurors, that the trials of San Martin and Franqui were not severed, and that statements made by San Martin and Franqui were allowed as evidence. Other issues addressed were that the evidence did not support a First-Degree Murder conviction, that the jury was instructed on finding cold, calculated, premeditated aggravating factors and found such factors, and that the jury was not informed about the applicability of mitigating factors. San Martin also addressed the issues of the death penalty statute being unconstitutional and that it shifts the burden from the state to the defendant. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 12/24/97. Rehearing was denied on 02/23/98. A Mandate was issued on 03/25/98.
On 05/26/98, San Martin filed a Petition for Writ of Certiorari in the United States Supreme Court. On 10/05/98, the United States Supreme Court denied the petition.
San Martin filed a 3.850 Motion in the Circuit Court on 10/04/99. The Assistant State Attorney prosecuting the case in Miami-Dade County was subsequently elected as a circuit court judge. The judge recused herself and transferred the case to Broward County. Amended motions to vacate judgment and sentence were filed on 04/17/00, 03/20/02, and 12/01/03. On 03/31/05, the motion was denied.
On 05/10/05, San Martin filed a 3.850 Appeal in the Florida Supreme Court. The Florida Supreme Court affirmed the Circuit Court’s disposition on 08/28/08. On 09/11/08, San Martin filed a Motion for Rehearing, which was denied 11/17/08. On 12/03/08, the Florida Supreme Court entered a mandate in this case.
On 12/18/08, San Martin filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District. This petition was denied on 08/14/09.
San Martin filed a Habeas Corpus Appeal in the United States Court of Appeals on 08/20/09. The USCA affirmed the denial of the Habeas Petition on 02/23/11.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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08/14/95 0 TRAFFICKING IN DRUGS UNION C. I.
______________________________________________________________
Report Date: 01/02/02 SQ
Approved: 02/12/02 WS
Updated: 03/08/11 EMJ