The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 PublicDefender
Attorney, Direct Appeal: Steven A. Been – AssistantPublic 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-degreemurder and sentenced to death.
On 09/16/90, a Jacksonville convenience store clerk, BettyJean Woods, was shot in the head and subsequently died four days later. Given that there were no eyewitnesses to the incident, a customer of theconvenience store, who entered the store shortly after the shooting, recalledseeing a man rushing out of the store with a paper bag. The customer, wholater identified the man leaving the store as Mungin, discovered the woundedclerk. After the incident, a store supervisor noticed a cash discrepancyof $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 semiautomaticpistol, bullets, and Mungin’s Georgia identification card. This arrestwas for additional offenses committed two days prior to the murder ofWoods. After an analysis of the bullet recovered from Woods, it wasdetermined that it was fired from the .25-caliber pistol discovered at Mungin’sresidence.
Additional Information:
Prior to his direct appeal, Mungin was tried and convictedof first-degree murder during the commission of a felony, second-degree murder,and two separate counts of armed robbery. Both robberies occurred on09/14/90, which was two days before Woods was shot. For the firstrobbery, Mungin received a life sentence for first-degree murder and a lifesentence for using a firearm. For the second robbery, Mungin received 15years 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 ofCertiorari
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 HabeasCorpus
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 Motiondenied
Florida Supreme Court – 3.850 Appeal
FSC# 09-2018
Pending)
11/02/09 Appeal filed
Factors Contributing to the Delay in Imposition ofSentence:
Mungin’s 3.850 Motion to the Circuit Court was filed on09/17/98 and took approximately five years for the disposition.
Case Information:
Mungin filed a Direct Appeal to the Florida Supreme Court on03/03/93. There were numerous issues raised. First, there weremultiple factors concerning aggravating and mitigating circumstances. Second, there was concern for whether there was sufficient evidence to supportthe first-degree murder conviction. Third, the trial court erred inallowing the State to introduce irrelevant evidence that Mungin shot acollateral crime victim in the spine. Finally, there was concern as towhether a fundamental error occurred when a defense witness testified in thepenalty phase that inmates serving life sentences are eligible for conditionalrelease. The Court found all of these claims either without merit or harmlessand affirmed Mungin’s conviction and death sentence on 09/07/95.
Mungin filed a Petition for a Writ of Certiorari was filedto 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 on09/17/98. An amended Motion was filed on 07/13/01. The Motion wasdenied on 03/18/03.
Mungin filed a 3.850 Appeal to the Florida Supreme Court on04/29/03. On 04/06/06, the Court affirmed the trial court’s order denyingthe 3.850 Motion. The rehearing was denied on 06/13/06. The mandatewas issued on 06/29/06.
On 10/10/03, Mungin filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 04/06/06. Therehearing 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 HabeasCorpus 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 inabeyance pending Circuit Court exhaustion.
On 08/16/07, Mungin filed a 3.851 motion in the CircuitCourt. This motion was denied on 10/08/09.
Mungin filed a 3.850 Appeal in the Florida Supreme Court on11/02/09. 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 LYINGTOSTAFF UNION C. I.
08/23/94 0 DISORDERLYCONDUCT UNION C. I.
09/19/94 0 DISOBEYINGORDER UNION C. I.
12/02/94 0 DISRESP.TOOFFICIALS UNION C. I.
03/25/95 0 DISOBEYINGORDER UNION C. I.
05/18/95 0 DISORDERLYCONDUCT UNION C.I.
06/12/95 0 UNARMEDASSAULT UNIONC. I.
04/18/96 30 POSSOF NARCOTICS UNION C. I.
04/18/96 30 UNAUTH USE OF DRUGS UNION C.I.
09/03/96 0 DISRESP.TOOFFICIALS UNION C.I.- MED.FAC.
11/11/97 0 DISRESP.TOOFFICIALS UNION C. I.
04/21/98 0 OBSCENEPROFANE ACT UNION C. I.
________________________________________________________________________
Report Date: 11/12/04 NRC
Approved: 11/24/04 JFL
Updated: 12/14/09 EMJ