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. 

ZOMMER, Todd (W/M)

DC# 349878

DOB: 03/31/1971

9th Judicial Circuit, Osceola County Case # 2005-CF-1200

Sentencing Judge: The Honorable Jon B. Morgan

Attorney, Trial: Patricia Cashman – Public Defender’s Office

Attorney, Direct Appeal: Michael S. Becker – Public Defender’s Office

Attorney, Collateral Appeals:  Andrew A. Shakoor – CCRC-M

Date of Offense: 04/09/05

Date of Sentence: 02/22/08

Circumstances of Offense:

Todd Zommer occasionally lived with a neighbor of Lois Corrine Robinson, the victim. (The neighbor’s name is unknown.) On April 9, 2005, the neighbor called Zommer to ask if he would pick up the 20 dollars that Robinson had agreed to loan him/her for gas money. When Zommer went over to Robinson’s house to pick up the money, he believed that Robinson recognized him as the man who had stolen a boat from another neighbor’s yard. He left her house after obtaining the money, but returned later to kill Robinson to prevent her from reporting him to the police for stealing the boat. Zommer struck Robinson over the head with a wooden instrument referred to as an ukelin and a hurricane lamp. He then attempted to strangle her with a cord from a computer mouse. After a urination break, he stomped on her head. He went to the kitchen for a drink and he found knives. He returned to cut her throat with a knife from the kitchen. The medical examiner concluded that her death was caused by a large wound in her neck that created massive hemorrhaging.

On 04/12/05, a neighbor, the same one that Zommer occasionally lived with, requested that the Osceola County Sheriff’s office conduct a wellness check on Robinson. Robinson’s body was found during the check. The level of decomposition indicated that she had died several days prior to the check. It was also noted that her vehicle was missing. On the same day, her vehicle was spotted by Kissimmee police officers. Zommer, who was driving the car, accelerated in an attempt to escape the police, but ended up crashing the car. He tried to escape on foot, but officers were able to catch him. Zommer was then arrested and taken into custody. He subsequently confessed to detectives from the Osceola Sheriff’s Office that he murdered Robinson.

Additional Information:

Zommer was also guilty of and sentenced for Uttering Forgery and Grand Theft Third-Degree (case # 04-002982); Grand Theft Third-Degree of a Motor Vehicle, Fleeing a Law Enforcement Officer, Resisting an Officer without Violence, and Possession of Drug Paraphernalia (case # 05-001078); Attempted First-Degree Murder, Robbery, Aggravated Battery with a Deadly Weapon (case # 05-001094), Leaving the Scene of an Accident with Property Damage (case # 05-001855); Grand Theft Third-Degree (case # 05-002121); and two counts of Grand Theft Third-Degree of a Motor Vehicle (case # 05-002184).

Trial Summary:

05/17/05          Indicted as follows:

                                    Count I:           First-Degree Murder (Lois Corrine Robinson)                      

12/10/07          Jury returned a guilty verdict on the indictment

12/19/07          Jury recommended death by a vote of 10-2

02/22/08          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death (Lois Corrine Robinson)

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 08-494

31 So.3d 733

03/25/08          Appeal filed

12/08/09          Oral Arguments held

03/11/10          FSC affirmed conviction and sentence

04/08/10          Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-11400

131 S.Ct. 192

06/09/10          Petition filed

10/04/10          Petition denied

Case Information:

On 03/25/08, Zommer filed a Direct Appeal in the Florida Supreme Court. He raised the following claims: (1) Insufficient evidence; (2) the trial court erred in finding cold, calculated, and premeditated aggravating circumstances; (3) the trial court erred in finding heinous, atrocious, and cruel aggravating circumstances; (4) trial court failed to properly interpret the statutory mitigating evidence offered and failed to correctly apply the law with regard to such mitigation; (5) death sentence is disproportionate to nature of the crime; (6) jury must be unanimous in their decision that a defendant is eligible for the death penalty; (7) the indictment unconstitutionally failed to contain allegations that sufficient aggravating circumstances existed to justify imposition of death penalty, and insufficient mitigating circumstances existed to outweigh aggravating circumstances; (8) by requiring only one or more aggravating circumstances to support a death sentence, the Florida courts are interpreting an unambiguous statute in violation of the separation of powers proscription contained in the Florida Constitution. Oral arguments were held on 12/08/09. The Florida Supreme Court affirmed Zommer’s conviction and sentence on 03/11/10, and a mandate was issued on 04/08/10.

Zommer filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/09/10. This petition was denied on 10/04/10.

Institutional Adjustment:

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Report Date:   03/24/10          EMJ

Approved:       03/25/10          RM

Updated:         02/09/11          EMJ