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. 

 

LAWRENCE, Michael Alan (W/M)

DC#    056903

DOB: 07/09/55

 

First Judicial Circuit, Escambia County Case # 89-1759

Sentencing Judge: The Honorable Jack Heflin

Resentencing Judge:  The Honorable Edward Nickinson, III

Attorney, Trial: David Dees – Assistant Public Defender

Attorney, Direct Appeal: David Davis – Assistant Public Defender

Attorney, Direct Appeal (Resentencing): Nada Carey – Assistant Public Defender

Attorney, Collateral Appeals: Robert Harper – Registry

 

Date of Offense:         09/29/86

Date of Sentence:       06/22/90

 

 

Circumstances of Offense:

 

At 10:00 p.m. on 09/29/86, Michael Lawrence and Stephen Pendleton drove to Sonya Gardener’s house, and the three drove to a Pensacola Majik Market convenience store to purchase gas and a bottle of liquor.  After leaving the convenience store, the trio drove to an apartment complex across the street from the store.  Lawrence took a bag of clothes from the car’s trunk and told the other two that he had to return them to his girlfriend.  Lawrence returned a short while later with the bag and said she was not home. 

 

Lawrence and Pendleton decided to return to the convenience store to get a mixer to go with the liquor that was purchased earlier.  Lawrence and Pendleton were gone for about thirty minutes, during which time Gardener sat on top of the car and listened to the radio.  While she waited, Gardener heard two pops that sounded like a car backfiring.  Lawrence and Pendleton later returned to the car, but Gardener noticed that Lawrence was upset and shaking, while Pendleton was emotionless.  The three drove to the beach, where Lawrence told Gardener that he shot the clerk of the convenience store, Paula Tyree, during a robbery.  

 

Police responded to a call from a customer at the Majik Market and found the body of Paula Tyree, who had been shot twice in the back of the head with a .22-caliber handgun.  Police determined that $58 was missing from the cash register. 

 

Lawrence later confessed to the robbery and murder of Paula Tyree to several people, including fellow inmates at the Escambia County Jail and Okaloosa Correctional Institution. 

 

Codefendant Information:

 

Steven Pendleton was indicted for the same crimes as Lawrence, but the State nolle prosequied the charges on 05/21/90.  

 

 

Additional Information:

 

Lawrence died of natural causes on 09/18/02.

 

 

Prior Incarceration History in the State of Florida:

 

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
04/22/1976	2ND DEG.MURD,DANGEROUS ACT	11/30/1976	SANTA ROSA	7600106	SENTENCED TO LIFE

 

 

Trial Summary:

 

04/18/89          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Kidnapping

                                    Count III:        Armed Robbery

04/05/90          Jury returned guilty verdicts on all counts of the indictment

04/06/90          Jury recommended death by a vote of 7-5

05/18/90          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Kidnapping – Life

                                    Count III:        Armed Robbery – Life

 

06/22/93          Jury recommended death by a vote of 12-0

07/19/93          Sentenced to death 

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 76,399

614 So.2d 1092

 

07/30/90          Appeal filed

03/11/93          FSC affirmed convictions for First-Degree Murder and Armed Robbery                             but vacated conviction and sentence for Kidnapping and death sentence                                    for First-Degree Murder and remanded for resentencing. 

04/12/93          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 92-8730

510 U.S. 833

 

05/14/93          Petition filed

10/04/93          USSC denied Petition

 

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 82,256

691 So.2d 1068

 

08/24/93          Appeal filed

03/13/97          FSC affirmed sentence

04/18/97          Rehearing denied

05/19/97          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 97-5185

522 U.S. 880

 

07/14/97          Petition filed

10/06/97          USSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 89-1759

 

09/17/98          Motion filed

12/20/00          Motion amended

02/27/03          CC dismissed Motion

 

 

 

 

 

Case Information:

 

Lawrence filed a Direct Appeal with the Florida Supreme Court on 07/30/90, citing the following trial court errors: admitting evidence of prior crimes and bad acts, admitting the testimony of a jailhouse informant, and finding aggravating factors.  On 03/11/93, the FSC affirmed the convictions for First-Degree Murder and Armed Robbery, but vacated the conviction and sentence for Kidnapping and the death sentence.  The court reasoned that some of the aggravating circumstances were not supported by the evidence and remanded for resentencing. 

 

Lawrence filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/14/93 that was denied on 10/04/93. 

 

Lawrence filed a Direct Appeal with the Florida Supreme Court on 08/24/93, citing the following trial court errors:  failing to instruct the sentencing jury as to the meaning of reasonable doubt, permitting the introduction of collateral evidence, permitting the state to read the trial testimony of Sonya Gardner, finding that a waiver of right to present mitigating evidence was voluntary, allowing prosecutors to exploit the jurors’ religious beliefs, finding support for the pecuniary gain aggravator, failing to consider Lawrence’s cocaine use as a mitigating circumstance, and allowing victim impact statements.  On 03/13/97, the FSC affirmed the sentence. 

 

Lawrence filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/14/97 that was denied on 10/06/97.

 

Lawrence filed a 3.850 Motion with the Circuit Court on 09/17/98 and amended the motion on 12/20/00.  On 02/27/03, the court dismissed the motion. 

 

Lawrence died of natural causes on 09/18/02.

 

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                    

DATE                    DAYS                     VIOLATION                                       LOCATION      

 

06/26/82               10                           CONSUME INTOXICANTS             CENTRAL OFFICE     

02/09/85               0                              CONSUME INTOXICANTS             039                

02/14/92               60                           POSS OF NARCOTICS                      FLORIDA STATE PRISON

06/20/94               0                              DEST. OF ST. PROP.                          UNION C. I.        

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Report Date:   03/10/05          JFL