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.
FRANQUI, Leonardo (W/M)
DC# 445903
DOB: 09/26/70
Eleventh Judicial Circuit, Dade County Case # 92-2141B
Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.
Attorney, Trial: Eric Cohen – Private
Attorney, Direct Appeal: Eric Cohen – Private
Attorney, Collateral Appeals: Martin McClain
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, Leonardo Franqui, along with codefendants Ricardo Gonzalez, 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.
On 01/18/92, Gonzalez was stopped by police and confessed to the crime, also implicating Franqui in the robbery. San Martin also confessed to the robbery. Franqui was questioned by police on 01/18/92, wherein he also confessed to the crime.
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 9-3 vote
10/11/94 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Armed Robbery – Life Imprisonment
Count IV,VI,VII-IX 5 years each
07/03/97 FSC vacated death sentence and remanded for resentencing
08/31/98 Jury recommended death sentence by a 10-2 vote
09/18/98 Resentenced to death
Codefendant Information:
Ricardo Gonzalez was convicted and sentenced to death. On 09/18/97, 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. Gonzalez was resentenced to death on 09/18/98. His death sentence was affirmed by the FSC on 05/10/01.
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.
Prior Incarceration History in the State of Florida:
On 10/15/92, Franqui was sentenced to five year terms for the following crimes committed on 11/29/91 (Case Number 92-6346): Aggravated Assault With a Weapon, Attempted Armed Robbery, and Grand Theft. Also on 10/15/92, Franqui was sentenced to twenty-two year terms for the following crimes committed on 01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.
On 11/23/93, Franqui was sentenced for the following crimes committed on 12/06/91 (Case Number 92-6089B): First-Degree Murder (Death), Attempted First-Degree Murder (2 terms of Life Imprisonment), Attempted Armed Robbery (15 years), Grand Theft
(2 terms of 5 years), Unlawful Possession of a Firearm in a Crime (5 years)
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,701
699 So. 2d 1332
11/14/94 Appeal filed
07/03/97 FSC affirmed convictions, but vacated death sentence
10/07/97 Rehearing denied
11/06/97 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-7857
523 U.S. 1097
01/05/98 Petition filed
04/27/98 USSC denied Petition
U.S. Supreme Court – Petition for Writ of Certiorari (filed by State)
USSC# 97-1202
523 U.S. 1040
01/16/98 Petition filed
03/23/98 USSC denied Petition
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 94,269
804 So. 2d 1185
11/09/98 Appeal filed
10/18/01 FSC affirmed convictions and sentences
01/08/02 Rehearing denied and Mandate issued
Circuit Court – 3.851 Motion
CC# 92-2141B
01/08/03 Shell Motion filed
04/17/03 Motion supplemented
11/09/04 CC denied Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 04-2380
965 So.2d 22
12/21/04 Appeal filed
05/03/07 FSC affirmed denial of motion
09/26/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-36
965 So.2d 22
01/05/06 Petition filed
05/03/07 FSC denied petition
09/26/07 Mandate issued
United States District Court, Southern District- Petition for Writ of Habeas Corpus
USDC #07-cv-22384
09/12/07 Petition filed
07/10/08 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 08-16389
11/17/08 Appeal filed
12/15/08 COA denied
01/28/10 Amended COA denied
United States Supreme Court − Petition for Writ of Certiorari
USSC #07-9882
128 S. Ct. 2443
02/07/08 Petition filed
05/12/08 Petition denied
United States Supreme Court − Petition for Writ of Certiorari
USSC # 10-7627
10/04/10 Petition filed
01/18/10 Petition denied
Circuit Court – 3.851 Motion
CC# 92-2141B
(Pending)
11/29/10 Motion filed
01/27/11 Motion denied
02/24/11 Motion for rehearing
03/15/11 Motion denied
Factors Contributing to the Delay in Imposition of Sentence:
Franqui’s original death sentence was vacated by the FSC and he was resentenced to death on 09/18/98.
Case Information:
On 11/14/94, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following errors: denial of peremptory challenges of jurors; granting the State’s peremptory challenge of a juror; denial of severance motion; admission of State comments; and sentencing Franqui to death. On 07/03/97, the FSC affirmed the convictions, but vacated the death sentence and ordered Franqui to be resentenced, finding that Franqui was not allowed to confront Gonzalez about his confession.
On 01/05/98, Franqui filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 04/27/98.
On 01/16/98, the State filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 03/23/98.
At Franqui’s resentencing, the jury recommended the death sentence by a vote of
10-2 on 08/31/98 and he was resentenced to death on 09/18/98.
On 11/09/98, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following errors: excusing two jurors for cause; improper jury instructions regarding aggravating and mitigating circumstances; overruling defense objections to the State’s closing argument; refusal to instruct the jury that it could consider the life sentences given to codefendants as mitigating evidence; failure to find and weigh all mitigating circumstances; and disproportionate punishment compared to other cases. On 10/18/01, the FSC affirmed the death sentence.
On 01/08/03, Franqui filed a shell 3.850 Motion with the Circuit Court that was supplemented on 04/17/03. On 11/09/04, the Motion was denied by the Circuit Court.
On 12/21/04, Franqui filed a 3.851 Motion Appeal with the Florida Supreme Court. On 05/03/07, the FSC affirmed the denial of the motion. A mandate was issued on 09/26/07.
On 01/05/06, Franqui filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was denied on 05/03/07. A mandate was issued on 09/26/07.
Franqui filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District on 09/12/07 that was denied on 07/10/08. On 11/17/08, Franqui filed a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit. The Certificate of Appealability was denied on 12/15/08. An Amended Certificate of Appealability was denied on 01/28/10.
On 10/04/10, Franqui filed a Petition for Writ of Certiorari with the U.S. Supreme Court. That petition was denied on 01/18/11.
On 11/29/10, Franqui filed a 3.850 Motion with the Circuit Court. That motion was denied on 01/27/11. On 02/24/11, Franqui filed a motion for rehearing. That motion was denied on 03/15/11.
FRANQUI, Leonardo (W/M)
DC# 445903
DOB: 09/26/70
Eleventh Judicial Circuit, Dade County Case #92-6089B
Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.
Attorney, Trial: Eric Cohen – Private
Attorney, Direct Appeal: Eric Cohen – Private
Attorney, Collateral Appeals: Todd Scher – Registry
Date of Offense: 12/06/91
Date of Sentence: 11/23/93
Circumstances of Offense:
On 12/06/91, Danilo Cabanas, Sr., Danilo Cabanas, Jr., and Raul Lopez went to pick up $25,000 in cash from the bank for the check-cashing business owned by the Cabanas family. The men left the bank in two cars with Cabanas Sr. and Jr. riding in the first car and Lopez following in a truck. On the Palmetto Expressway, the three men were boxed in by two Chevrolet Suburbans at a stoplight. Leonardo Franqui, Pablo San Martin, and Pablo Abreu exited the Suburbans, and San Martin told the victims not to move. The men in the Suburbans fled the scene after an exchange of gunfire. Lopez was then found to have been shot in the chest and was taken to the hospital, but he died shortly after arriving at the hospital.
San Martin confessed to his involvement in the planning and execution of the crime in an oral statement. He later told the police that the firearms could be found in a river near his home. The police were able to retrieve two weapons: a 9mm semiautomatic pistol and a .357 revolver.
Leonardo Franqui also confessed to the crime. The events of the crime described by Franqui were very similar to the confession of Pablo San Martin. Franqui admitted to carrying a .357 revolver, and an expert was able to determine that the bullet that killed Lopez came from a .357 revolver.
Codefendant Information:
Pablo Abreu entered into a plea agreement with the State and testified against Franqui during the penalty phase of trial. Abreu received one life sentence for the crime of First-Degree Murder, two life sentences for the two counts of Attempted First-Degree Murder, two 15-year sentences for Attempted Armed Robbery and Unlawful Possession of a Firearm, and two five-year sentences for the two counts of Grand Theft.
San Martin was convicted on all counts of the indictment and was sentenced to death for the crime of First-Degree Murder, two life sentences for the two counts of Attempted First-Degree Murder, two 15-year sentences for Attempted Armed Robbery and Unlawful Possession of a Firearm, and two five-year sentences for the two counts of Grand Theft.
Prior Incarceration History in the State of Florida:
On 10/15/92, Franqui was sentenced to five year terms for the following crimes committed on 11/29/91 (Case Number 92-6346): Aggravated Assault With a Weapon, Attempted Armed Robbery, and Grand Theft. Also on 10/15/92, Franqui was sentenced to twenty-two year terms for the following crimes committed on 01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.
On 10/11/94, Franqui was sentenced for the following crimes committed on 01/03/92 (Case Number 92-2141B): First Degree Murder (Death), Armed Robbery (Life Imprisonment), Aggravated Assault, Burglary, Grand Theft (5 terms of 5 years).
Trial Summary:
02/08/92 Indicted as follows:
Count I First-Degree Murder
Count II Attempted First-Degree Murder
Count III Attempted First-Degree Murder
Count IV Attempted Armed Robbery
Count V Grand Theft
Count VI Grand Theft
Count VII Unlawful Possession of a Firearm While Engaged in
a Criminal Offense
09/24/93 Jury returned guilty verdicts on all counts of the indictment
11/04/93 Jury recommended a death sentence by a vote of 9-3
11/23/93 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Attempted First-Degree Murder – Life
Imprisonment
Count III Attempted First-Degree Murder – Life
Imprisonment
Count IV Attempted Armed Robbery – 15 years
Count V Grand Theft – 5 years
Count VI Grand Theft – 5 years
Count VII Unlawful Possession of a Firearm While Engaged
in a Criminal Offense – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 83,116
699 So. 2d 1312
01/28/94 Appeal filed
06/26/97 FSC affirmed convictions and sentences
10/07/97 Rehearing denied
11/06/97 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-7856
523 U.S. 1097
12/31/97 Petition filed
04/27/98 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 92-6089B
01/15/99 Motion filed
04/18/00 Motion amended
03/31/05 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-830
14 So.3d 238
(Pending)
05/10/05 Appeal filed
01/06/11 Denial affirmed
01/28/11 Motion for rehearing
04/11/11 Motion denied
Circuit Court – 3.203 Motion (On Remand)
CC# 92-6089B
07/16/09 Relinquishment started
09/14/09 Evidentiary Hearing held
09/22/09 CC denied Motion
Florida Supreme Court – 3.203 Motion Appeal
FSC# 05-830
11/16/09 Appeal filed
01/06/11 Denial affirmed
Factors Contributing to the Delay in Imposition of Sentence:
Franqui’s Direct Appeal was pending from 01/28/94 – 06/26/97, and the 3.850 Motion was pending from 01/15/99 – 03/31/05.
Case Information:
On 01/28/94, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors: State’s failure to prove the case independent of Franqui’s confession; admission of San Martin’s confession; errors in the jury selection process; finding Franqui guilty of a crime that was later removed from the law (Attempted Felony Murder); improper finding and vagueness of the cold, calculated, and premeditated murder aggravating circumstance; failure to find certain statutory and non-statutory mitigating circumstances; failure to allow certain jury instructions; unconstitutionality of the death penalty; and disproportionate punishment compared to other cases. On 06/26/97, the FSC affirmed the convictions and sentences.
On 12/31/97, Franqui filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 04/27/98.
On 01/15/99, Franqui filed a 3.850 Motion with the Circuit Court and amended it on 04/18/00. On 03/31/05, the Circuit Court denied the Motion.
On 05/10/05, Franqui filed a 3.850 Motion Appeal with the Florida Supreme Court. That petition was denied on 01/06/11.
On 09/14/09, an evidentiary hearing was held in the Circuit Court. The Circuit Court denied the 3.203 motion on 09/22/09.
On 11/16/09, Franqui filed a 3.203 Motion Appeal with the Florida Supreme Court. On 01/06/11, the Florida Supreme Court affirmed the denial of Franqui’s 3.203 motion.
On 01/28/11, Franqui filed a motion for rehearing with the Florida Supreme Court. That motion was denied on 04/11/11.
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
06/12/96 0 FIGHTING UNION C.I.-MED.FAC.
04/15/05 30 POSS OF CONTRABAND FLORIDA STATE PRISON
________________________________________________________________________
Report Date:
07/17/02 JFL
Approved: 07/22/02 WS
Updated: 04/13/11 JJK