The Commission on Capital Cases updates this information regularly

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.

MUNGIN, Anthony (B/M)

DC# 288322

DOB: 07/22/66

Fourth Judicial Circuit, Duval County Case# 92-3178

Sentencing Judge: The Honorable John D. Southwood

Attorney, Trial: Charles Cofer – Assistant Public Defender

Attorney, Direct Appeal: Steven A. Been – Assistant Public Defender

Attorney, Collateral Appeals: Todd G. Scher – Private

Date of Offense: 09/16/90

Date of Sentence: 02/23/93

Circumstances of Offense:

On 01/28/93, Anthony Mungin was convicted of first-degree murder and sentenced to death.

On 09/16/90, a Jacksonville convenience store clerk, Betty Jean Woods, was shot in the head and subsequently died four days later. Given that there were no eyewitnesses to the incident, a customer of the convenience store, who entered the store shortly after the shooting, recalled seeing a man rushing out of the store with a paper bag. The customer, who later identified the man leaving the store as Mungin, discovered the wounded clerk. After the incident, a store supervisor noticed a cash discrepancy of $59.05 from the cash register.

On 09/18/90, Mungin was arrested in Kingsland, Georgia, after a police search of his house uncovered a .25-caliber semiautomatic pistol, bullets, and Mungin’s Georgia identification card. This arrest was for additional offenses committed two days prior to the murder of Woods. After an analysis of the bullet recovered from Woods, it was determined that it was fired from the .25-caliber pistol discovered at Mungin’s residence.

Additional Information:

Prior to his direct appeal, Mungin was tried and convicted of first-degree murder during the commission of a felony, second-degree murder, and two separate counts of armed robbery. Both robberies occurred on 09/14/90, which was two days before Woods was shot. For the first robbery, Mungin received a life sentence for first-degree murder and a life sentence for using a firearm. For the second robbery, Mungin received 15 years for second-degree murder and 20 years for armed robbery.

Prior Incarceration History in the State of Florida:

Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983)
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
08/16/1987	GRAND THEFT MOTOR VEHICLE	04/29/1988	DUVAL	8707194	1Y 6M 0D

Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983)
Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
06/30/1986	BURG/DWELL/OCCUP. CONVEY (ACCESSORY)	07/23/1986	DUVAL	8606122	1Y 0M 0D
11/16/1987	GRAND THEFT,$300 LESS &20,000	11/30/1987	DUVAL	8707194	2Y 0M 0D

Trial Summary:

03/26/92 Indicted as follows:

Count I: First-Degree Murder

01/28/93 Jury returned guilty verdicts on all counts of the indictment

02/02/93 Jury recommended death by a vote of 7-5

02/23/93 Sentenced as follows:

Count I: First-Degree Murder – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 81,358

689 So. 2d 1026 (Fla.1995)

03/03/93 Appeal filed

09/07/95 FSC affirmed conviction and death sentence

09/22/95 Motion for rehearing filed

02/08/96 Rehearing denied

04/09/97 Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 96-9161

522 U.S. 833; 118 S. Ct. 102

05/29/97 Petition filed

10/06/97 Petition denied

State Circuit Court – 3.850 Motion

CC# 92-3178

09/17/98 Motion filed

07/13/01 Amended motion filed

03/18/03 Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 03-780

932 So.2d 986

04/29/03 Appeal filed

04/06/06 FSC affirmed the trial court’s denial of 3.850 Motion

06/13/06 Rehearing denied

06/29/06 Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1774

932 So.2d 986

10/10/03 Petition filed

04/06/06 Petition denied

06/13/06 Rehearing denied

06/29/06 Mandate issued

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 06-650

(Pending)

07/18/06 Petition filed

11/06/06 Amended petition filed

12/10/07 Held in abeyance pending Circuit Court exhaustion

State Circuit Court – 3.850 Motion

CC# 92-3178

08/19/07 Motion filed

10/08/09 Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 09-2018

Pending)

11/02/09 Appeal filed

Factors Contributing to the Delay in Imposition of Sentence:

Mungin’s 3.850 Motion to the Circuit Court was filed on 09/17/98 and took approximately five years for the disposition.

Case Information:

Mungin filed a Direct Appeal to the Florida Supreme Court on 03/03/93. There were numerous issues raised. First, there were multiple factors concerning aggravating and mitigating circumstances. Second, there was concern for whether there was sufficient evidence to support the first-degree murder conviction. Third, the trial court erred in allowing the State to introduce irrelevant evidence that Mungin shot a collateral crime victim in the spine. Finally, there was concern as to whether a fundamental error occurred when a defense witness testified in the penalty phase that inmates serving life sentences are eligible for conditional release. The Court found all of these claims either without merit or harmless and affirmed Mungin’s conviction and death sentence on 09/07/95.

Mungin filed a Petition for a Writ of Certiorari was filed to the United States Supreme Court on 05/29/97, which was denied on 10/06/97.

Mungin filed a 3.850 Motion to the Circuit Court on 09/17/98. An amended Motion was filed on 07/13/01. The Motion was denied on 03/18/03.

Mungin filed a 3.850 Appeal to the Florida Supreme Court on 04/29/03. On 04/06/06, the Court affirmed the trial court’s order denying the 3.850 Motion. The rehearing was denied on 06/13/06. The mandate was issued on 06/29/06.

On 10/10/03, Mungin filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 04/06/06. The rehearing was denied on 06/13/06. The mandate was issued on 06/29/06.

On 07/12/06, Mungin filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. On 11/06/06, Mungin filed an amended petition. As of 12/10/07, this case is held in abeyance pending Circuit Court exhaustion.

On 08/16/07, Mungin filed a 3.851 motion in the Circuit Court. This motion was denied on 10/08/09.

Mungin filed a 3.850 Appeal in the Florida Supreme Court on 11/02/09. This case is currently pending.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

-------- ---- ---------------------------- -------------------

05/27/93 0 DEST. OF ST. PROP. FLORIDA STATE PRISON

03/14/94 0 LYING TO STAFF UNION C. I.

08/23/94 0 DISORDERLY CONDUCT UNION C. I.

09/19/94 0 DISOBEYING ORDER UNION C. I.

12/02/94 0 DISRESP.TO OFFICIALS UNION C. I.

03/25/95 0 DISOBEYING ORDER UNION C. I.

05/18/95 0 DISORDERLY CONDUCT UNION C. I.

06/12/95 0 UNARMED ASSAULT UNION C. I.

04/18/96 30 POSS OF NARCOTICS UNION C. I.

04/18/96 30 UNAUTH USE OF DRUGS UNION C. I.

09/03/96 0 DISRESP.TO OFFICIALS UNION C.I.- MED.FAC.

11/11/97 0 DISRESP.TO OFFICIALS UNION C. I.

04/21/98 0 OBSCENE PROFANE ACT UNION C. I.

________________________________________________________________________

Report Date: 11/12/04 NRC

Approved: 11/24/04 JFL

Updated: 12/14/09 EMJ