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.
MENDOZA, Marbel (W/M)
DC# 450307
DOB: 09/23/66
Eleventh Judicial Circuit, Dade County, Case# 92-9940C
Sentencing Judge: The Honorable Alan L. Postman
Attorneys, Trial: B. Wax & A. Suri – Assistant Public Defenders
Attorney, Direct Appeal: John H. Lipinski – Private
Attorney, Collateral Appeals: Rachel L. Day – CCRC-S
Date of Offense: 03/17/92
Date of Sentence: 08/02/94
Circumstances of the Offense:
Marbel Mendoza and Humberto Cuellar planned to rob the victim Conrad Calderon. Humberto Cuellar asked his brother, Lazaro Cuellar, to drive the getaway car. Humberto Cuellar and Mendoza gained knowledge of Mr. Calderon’s schedule and were waiting outside Mr. Calderon’s house during the predawn hours of 03/17/92. At approximately 5:40 am, Mr. Caldron left his house and proceeded to his car. Mendoza and Humberto Cuellar were hiding behind a hedge and confronted Mr. Calderon in the driveway between the two vehicles. Mendoza carried a .38 caliber revolver and Humberto Cuellar had a 9-mm automatic pistol. A struggle ensued between the three men. Humberto Cuellar hit Mr. Calderon in the head with his pistol, at which time the victim took out a .38 special revolver and shot Humberto Cuellar in the chest. Humberto Cuellar then ran to the car; while he was running away, he heard shots. When Mendoza arrived at the car, he stated to Humberto Cuellar that he had shot Mr. Calderon. The three men drove to a hospital. At the hospital the police recovered the car, which contained Humberto Cuellar’s gun. The side of the gun had hair embedded in it, which was consistent with the story that Humberto Cuellar would tell the police. On 03/24/92, Mendoza was arrested.
No money was taken during the robbery. Mr. Calderon’s gun and a bank bag were found at the scene, under Mr. Calderon’s body. Money was found in the victim’s pocket and in his wallet. Mendoza’s fingerprints were recovered from the car adjacent to where the victim’s body was found. An x-ray of Humberto Cuellar indicated a bullet, consistent with the victim’s gun, was lodged near his spine. Casing and bullets recovered from the scene and the victim’s body indicated that Mr. Calderon was shot at point-blank range three times and the fourth shot was from less than six inches away.
Codefendant Information:
Humberto Cuellar (DC# 433373)
Cuellar was found guilty and sentenced as follows on 01/18/94:
2nd Degree murder, Dangerous Act – 15 years
Attempted Robbery with no Firearm or Deadly Weapon – 20 years
Burglary of an Occupied Dwelling or Conveyance – 20 years
Threatens to use any Firearm – 15 years
Lazaro Cuellar, Jr. (DC# H01509)
On 05/20/93, Lazaro entered a plea agreement with the State and the lower court in which he agreed to plea guilty to a lesser offense of manslaughter and plead guilty as charged to the offenses of conspiracy to commit robbery and attempted armed robbery. The court accepted the plea agreement and sentenced him to three concurrent terms of 10 year imprisonment.
Prior Incarceration History in the state of Florida:
|
Offense Date |
Offense |
Sentence Date |
Sentence |
|
8/01/1991 |
Armed Burglary |
6/08/1995 |
27Y |
|
8/01/1991 |
Felony Kidnapping |
6/08/1995 |
27Y |
|
8/01/1991 |
Armed Robbery |
6/08/1995 |
27Y |
|
8/01/1991 |
Aggravated Assault |
6/08/1995 |
5Y |
|
8/01/1991 |
Threatens to Use Any Firearm |
6/08/1995 |
15Y |
|
8/01/1991 |
Possession of Firearm by Felon |
6/08/1995 |
15Y |
|
12/28/1991 |
Robbery |
6/08/1995 |
15Y |
|
12/28/1991 |
Aggravated Battery Intended Harm |
6/08/1995 |
15Y |
|
1/29/1992 |
Armed Robbery |
6/08/1995 |
27Y |
|
1/29/1992 |
Armed Robbery |
6/08/1995 |
27Y |
|
1/29/1992 |
Aggravated Battery w/ Deadly Weapon |
6/08/1995 |
15Y |
|
1/29/1992 |
Possession of Firearm by Felon |
6/08/1995 |
15Y |
|
2/01/1992 |
Armed Robbery |
8/02/1994 |
15Y |
|
2/14/1992 |
Armed Robbery |
5/24/1993 |
12Y |
|
2/14/1992 |
Aggravated battery w/ Deadly Weapon |
5/24/1993 |
12Y |
|
2/14/1992 |
Armed Burglary |
5/24/1993 |
12Y |
|
2/17/1992 |
Burglary Assault |
6/08/1995 |
27Y |
|
2/17/1992 |
Felony Kidnapping |
6/08/1995 |
27Y |
|
2/17/1992 |
Felony Kidnapping |
6/08/1995 |
27Y |
|
2/17/1992 |
Armed Robbery |
6/08/1995 |
27Y |
|
2/17/1992 |
Armed Robbery |
6/08/1995 |
27Y |
|
2/17/1992 |
Grand Theft Firearm |
6/08/1995 |
5Y |
|
2/17/1992 |
Grand Theft Firearm |
6/08/1995 |
5Y |
|
3/10/1992 |
Armed Burglary |
6/08/1995 |
27Y |
|
3/10/1992 |
Armed Robbery |
6/08/1995 |
27Y |
|
3/10/1992 |
Conspiracy to Commit Armed Robbery |
6/08/1995 |
27Y |
|
3/10/1992 |
Threatens to Use any Firearm |
6/08/1995 |
15Y |
|
3/10/1992 |
Possession of Firearm by a Felon |
6/08/1995 |
15Y |
Trial Summary:
03/31/92 Indicted as follows:
Count I: First-Degree Murder
Count II: Conspiracy to Commit Robbery with a Deadly Weapon
Count III: Attempted Armed Robbery with a Firearm
Count IV: Armed Burglary with an Assault
04/14/92 Pled not guilty
02/08/94 Jury returned guilty verdicts on all counts of the indictment and Jury recommended death by a vote of 7-5
08/02/94 Sentenced as follows:
Count I: First Degree Murder – Death
Count II: Conspiracy to Commit Robbery with a Deadly Weapon – 15 years consecutive to Count I
Count III: Attempted armed Robbery with a Firearm – 15 years with a 3-year mandatory/minimum sentence consecutive to Counts I & II
Count IV: Armed Burglary with an Assault – Life with a 3year mandatory/minimum consecutive sentence to Counts I, II, & III
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,370
700 So. 2d 670
09/19/94 Appeal filed
10/16/97 FSC affirmed conviction and death sentence
12/11/97 Rehearing denied
01/14/98 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 97-9178
525 U.S. 839
03/10/98 Petition filed
10/05/98 Petition denied
State Circuit Court – 3.850 Motion
CC# 92-9940C
09/10/99 Motion filed
09/05/00 Amended motion filed
01/19/01 Motion denied
04/16/04 Evidentiary Hearing held
08/18/04 Motion denied
06/18/08 Evidentiary Hearing held
04/01/09 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 01-735
817 So. 2d 848
04/06/01 Appeal filed
04/03/02 Remanded to Circuit Court for Evidentiary Hearing
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 01-1963
817 So. 2d 848
09/06/01 Petition filed
04/03/02 Dismissed without prejudice
Florida Supreme Court – 3.850 Appeal
FSC# 04-1881
964 So.2d 121
09/20/04 Appeal filed
05/24/07 FSC reversed Mendoza’s conviction and remanded for a new evidentiary hearing on the claim of ineffective assistance of counsel
06/07/07 Motion for Rehearing filed
08/23/07 Motion for Rehearing denied
09/10/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-2143
964 So.2d 121
11/28/05 Petition filed
05/24/07 Petition denied
09/10/07 Mandate issued
Florida Supreme Court – 3.850 Appeal
FSC# 09-774
(Pending)
04/30/09 Appeal filed
Factors Contributing to the Delay in the Imposition of the Sentence:
It took three years for the Florida Supreme Court to decide Mendoza’s Direct Appeal.
Case Information:
A Direct Appeal was filed to the Florida Supreme Court on 09/19/94. The appellant raised nine claims, including; the trial court erred in denying appellant’s motion for mistrial based on the judge’s ex parte communications with the jurors and allowing the State to impeach appellant’s expert witness by asking him whether he had considered appellant’s criminal history and allowing the State to comment during closing arguments on appellant’s pending criminal charges. The Court found all of the issues without merit and affirmed Mendoza’s conviction and sentence.
Within two months from the mandate being issued on the Direct Appeal, a Petition for Writ of Certiorari was filed to the United States Supreme Court on 03/10/98. It was denied on 10/05/98.
A 3.850 Motion was filed to the Circuit Court on 09/10/99. It was amended on 09/05/00, and the motion was denied on 01/19/01. After the Florida Supreme Court remanded the case to the Circuit Court, an Evidentiary Hearing was held on 04/16/04. The motion was denied on 08/18/04. Another Evidentiary Hearing was held on 06/18/09. The 3.850 Motion was denied again on 04/01/09.
The 3.850 Appeal was filed to the Florida Supreme Court on 04/06/01. The Court vacated the trial court’s decision and remanded the case for an Evidentiary Hearing on the claims of ineffective counsel on 04/03/02.
Mendoza filed a Petition for a Writ of Habeas Corpus to the Florida Supreme Court on 09/06/01, which was dismissed without prejudice on 04/03/02.
On 09/20/04, Mendoza filed a 3.850 Appeal to the Florida Supreme Court. On 05/24/07, the Court reversed Mendoza’s conviction and remanded the case back to the Circuit Court for a new Evidentiary Hearing on the ineffective assistance of counsel claims. The circuit judge who heard the evidence is now deceased and the new Evidentiary Hearing is to be held upon remand. On 06/07/07, Mendoza filed a Motion for Rehearing in the Florida Supreme Court; this Motion was denied on 08/23/07. The mandate was issued by the Florida Supreme Court on 09/10/07, upholding the decision reversal and remanding a new Evidentiary Hearing in the Circuit Court.
On 11/28/05, Mendoza filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 05/24/07. Although the Court is remanding for a new evidentiary hearing based on the postconviction claims, the Court denied all nine claims that were raised in this case. The mandate affirming this decision was issued by the Florida Supreme Court on 09/10/07.
A 3.850 Appeal was filed to the Florida Supreme Court on 04/30/09. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
01/07/00 0 POSS OF CONTRABAND UNION C. I.
01/24/00 0 POSS OF CONTRABAND UNION C. I.
06/01/00 0 POSS OF CONTRABAND UNION C. I.
07/18/00 30 FIGHTING UNION C. I.
09/03/02 180 ASSAULTS OR ATTEMPT UNION C. I.
09/03/02 30 POSS OF CONTRABAND UNION C. I.
01/08/03 15 POSS OF CONTRABAND UNION C. I.
_______________________________________________________________________________
Report Date: 10/1/01 NMP
Approved: 10/2/01 WS
Updated: 08/11/09 EMJ