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.
GONZALEZ, Ricardo (H/M)
DC# 123763
DOB: 01/20/70
Eleventh Judicial Circuit, Dade County Case # 92-2141 D
Sentencing Judge: The Honorable Robert N. Scola, Jr.
Attorney, Trial: R. Diaz – Private
Attorney, Direct Appeal: William M. Norris – Private
Attorney, Collateral Appeals: Jeffrey Feiler – Registry
Date of Offense: 01/03/92
Date of Sentence: 10/11/94
Date of Resentence: 09/18/98
Circumstances of Offense:
On 01/03/92, Ricardo Gonzalez, along with codefendants Leonardo Franqui, Pablo San Martin, and two other associates, robbed the Kislak National Bank in North Miami, Florida. During the robbery, a cash box was taken from one of the drive-thru tellers and a security guard was shot and killed.
Codefendant Information:
Leonardo Franqui was convicted and sentenced to death. On 07/03/97, his convictions were affirmed by the FSC, but his death sentence was vacated, and the case was remanded to the trial court for a new penalty phase hearing. Franqui was resentenced to death during the trial, which occurred during the week of 08/24 – 08/31/98. His death sentence was affirmed by the FSC on 10/18/01.
Pablo San Martin was convicted and sentenced to death. The judge in the case overrode the jury recommendation of life imprisonment and sentenced San Martin to death. On 06/11/98, his convictions were affirmed by the FSC, but his death sentence was vacated, and the trial court was ordered to sentence San Martin to life imprisonment.
Trial Summary:
02/14/92 Indicted as follows:
Count I First-Degree Murder
Count II Armed Robbery
Count III-IV Aggravated Assault
Count V Possession of a Firearm During a Criminal Offense
Count VI Grand Theft
Count VII Burglary
Count VIII Grand Theft
Count IX Burglary
06/02/94 Jury returned guilty verdicts on all counts
09/23/94 Jury recommended death sentence by a 7-5 vote.
10/11/94 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Armed Robbery – Life imprisonment
Counts IV,VI,VII-IX 5 years each
08/20/98 Jury recommended death sentence by a vote of 8-4
09/18/98 Resentenced to death.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,481
700 So.2d 1217
12/14/94 Appeal filed
09/18/97 FSC affirmed conviction, but vacated death sentence
10/30/97 Rehearing denied
12/01/97 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-7810
523 U.S. 1062
01/20/98 Petition filed
04/06/98 USSC denied petition
U.S. Supreme Court – Petition for Writ of Certiorari (filed by state)
USSC# 97-1408
523 U.S. 1145
02/24/98 Petition filed
05/26/98 USSC denied petition
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# SC94154
786 So.2d 559
10/20/98 Appeal filed
05/10/01 FSC affirmed death sentence
06/11/01 Mandate issued
Circuit Court – 3.851 Motion
CC # 92-2141 D
07/19/02 Motion filed
08/13/02 Court granted State’s motion to strike Gonzalez’s 3.850 Motion
03/10/03 Amended Motion filed
01/06/04 Circuit Court denied Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 04-225
990 So. 2d 1017
02/16/04 Appeal filed
07/03/08 Appeal denied
United States District Court, Southern District- Petition for Writ of Habeas Corpus
USDC# 08-22909
10/20/08 Petition filed
09/28/09 Petition dismissed
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-15599
(Pending)
11/10/09 Appeal filed
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal took nearly three years to be decided (12/14/94 – 09/18/97). Gonzalez’s death sentence was vacated on 09/18/97, and he was resentenced on 09/18/98.
Case Information:
Gonzalez filed a Direct Appeal with the Florida Supreme Court on 12/14/94, citing the following issues: court error in not allowing two jurors to be struck with defense peremptory challenges, permitting the confessions of two codefendants, denial of impartial penalty phase hearing, and disproportionate sentencing. The FSC affirmed the conviction, yet vacated the death sentence on 09/18/97.
Gonzalez filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/20/98 that was denied on 04/06/98.
The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/24/98 that was denied on 05/26/98.
Gonzalez was resentenced to death on 09/18/98.
Gonzalez filed a Direct Appeal with the Florida Supreme Court on 10/20/98, citing the following errors: improper use of harmless error by the FSC in the first direct appeal, improper doubling of aggravating circumstances, rejection of expert testimony for mitigating circumstances, allowing improper comments by the prosecutor during closing arguments, and disproportionate sentencing. The FSC affirmed the death sentence on 05/10/01.
Gonzalez filed a shell 3.851 Motion with the Circuit Court on 07/19/02. On 08/13/02, the Circuit Court granted the State’s motion to strike Gonzalez’s 3.851 Motion. On 03/10/03, Gonzalez filed an Amended 3.851 Motion that was denied on 01/06/04.
Gonzalez filed a 3.851 Motion Appeal with the Florida Supreme Court on 02/16/04 that was denied 07/03/08.
Gonzalez filed a Petition for Writ of Habeas Corpus in the United States District Court on 10/20/08 that was denied on 09/28/09. On 11/10/09, Gonzalez filed a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit, that is pending.
______________________________________________________________________
Report Date: 07/31/01 JFL
Approved: 11/16/01 WS
Updated: 12/03/09 KKR