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.
Franklin, Quawn (B/M)
DC# 268130
DOB: 04/11/1977
Fifth Judicial Circuit, Lake County Case # 02-00217
Sentencing Judge: The Honorable Mark J. Hill
Attorney, Trial: William Stone, Private
Attorney, Direct Appeal: Mark Nacke and William Grossenbach – Assistant Public Defenders
Attorney, Collateral Appeals: Maria Perinetti – CCRC-M
Date of Offense: 12/29/01
Date of Sentence: 06/03/04
Circumstances of Offense:
While Franklin was serving a ten-year sentence for robbery, he was granted a conditional release on October 1, 2001. About 2 months later, on December 18, 2001, Franklin initiated a ten-day crime spree that began with the kidnapping and killing of pizza delivery man John Horan. On December 27 or 28, Franklin and the Pamela McCoy robbed and assaulted Alice Johnson in her home. Franklin stole her car and drove it from Leesburg to St. Petersburg to visit family. Upon returning to Leesburg, he stopped at the Elberta Crate and Box Factory and asked for directions from the security guard, Jerry Lawley.
On December 29, Franklin returned to the factory and again encountered Lawley. Franklin forced Lawley out of his car onto his knees and shot him once in the back. Franklin searched Lawley’s pockets and car but did not find anything of value, so he fled to St. Petersburg.
Lawley managed to get help from a company truck driver, Edward Ellis, who was on the company’s grounds. Lawley told Ellis that he had been shot by a tall black male wearing a knit cap and driving a newer model blue car. Ellis called 911 and gave this information to the responding officer.
In St. Petersburg, on December 30, a police officer came upon a late model blue Toyota Camry where Franklin--who was wearing gloves--and McCoy were sleeping. Upon searching the car, the officer found a revolver and a black knit cap. Franklin admitted to shooting Lawley because he “wanted to.”
While waiting for trial, Franklin contacted a newspaper reporter and made incriminating statements about his involvement in Lawley’s murder. These statements, along with ballistic evidence linking the revolver found under Franklin’s seat to the bullet that tore through Lawley’s body, were used to convict Franklin of first-degree murder and attempted robbery.
Codefendant Information:
Pamela McCoy, 13 years old at the time of her crime, was sentenced to 35 years for attempted armed robbery and principal to second-degree murder. This crime occurred during Franklin’s ten-day crime spree in Lake County.
Additional Information:
Franklin was raised by Minnie Thomas in Leesburg, but was forcibly removed from her home by his biological mother at the age of eight. He made several failed attempts to return to Leesburg, but was eventually committed to various juvenile facilities by the age of nine. Franklin claims he suffered abuse from older boys at the facility and was imprisoned in an adult prison at age 15.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
09/01/1992 |
GRAND THEFT MOTOR VEHICLE |
09/20/1993 |
PINELLAS |
9216073 |
4Y 0M 0D |
|
07/07/1993 |
ROBB. NO GUN/DDLY.WPN |
09/20/1993 |
PINELLAS |
9310260 |
10Y 0M 0D |
|
12/27/2001 |
BURGLARY ASSAULT ANY PERSON |
10/15/2002 |
LAKE |
0102749 |
SENTENCED TO LIFE |
|
12/27/2001 |
ROBB. GUN/DEADLY WPN |
10/15/2002 |
LAKE |
0102749 |
SENTENCED TO LIFE |
|
12/27/2001 |
AT.FLNY.MURD/782.04(3) OFF. |
10/15/2002 |
LAKE |
0102749 |
SENTENCED TO LIFE |
|
12/18/2001 |
KIDNAP;COMM.OR FAC.FELONY |
08/11/2003 |
LAKE |
0202324 |
SENTENCED TO LIFE |
|
12/18/2001 |
ROBB. GUN/DEADLY WPN |
08/11/2003 |
LAKE |
0202324 |
SENTENCED TO LIFE |
|
12/18/2001 |
1ST DG MUR/PREMED. OR ATT. |
08/11/2003 |
LAKE |
0202324 |
SENTENCED TO LIFE |
|
12/29/2001 |
1ST DG MUR/PREMED. OR ATT. |
06/03/2004 |
LAKE |
0200217 |
DEATH SENTENCE |
|
12/29/2001 |
ROBB. GUN/DEADLY WPN(ATTEMPTED) |
06/03/2004 |
LAKE |
0200217 |
SENTENCED TO LIFE |
Trial Summary:
09/10/02 Indicted as follows:
Count I: Attempted armed robbery
Count II: Murder in the first degree
04/24/04 Jury returned guilty verdicts on all counts of the indictment
04/26/04 Jury recommended death by a vote of 12-0
06/03/07 Sentenced as follows:
Count I: Attempted armed robbery – Life imprisonment
Count II: Murder in the first degree – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 04-1267
965 So.2d 79
06/25/04 Appeal filed
06/21/07 Appeal denied
09/26/07 Mandate issued
Circuit Court – 3.851 Motion
CC# 02-217
(Pending)
11/14/08 Motion filed
08/02/10 Motion amended
Factors Contributing to the Delay in Imposition of Sentence:
Thus far, completion of the Direct Appeal occurred within an acceptable timetable.
Case Information:
Upon imposition of the death sentence, Franklin filed a Direct Appeal with the Florida Supreme Court on 06/25/07. This appeal raised the following issues: (1) admission of hearsay evidence at the penalty phase, (2) admission of portions of a taped interview with a newspaper reporter, (3) admission of hearsay statements made by the victim at the guilt phase, (4) refusal to accept Franklin’s stipulation to his prior crimes in lieu of testimony, (5) improper victim impact statements, (6) CCP aggravator not found, (7) pecuniary gain aggravator not found, and (8) Ring violations. This Direct Appeal was denied on 06/21/07, and a mandate was issued on 09/26/07.
Franklin filed a 3.851 Motion in the Circuit Court on 11/14/08. This motion is pending.
________________________________________________________________________
Report Date: 10/09/07 MCL
Approved: RM
Updated: 08/16/10 KKR