The Commission on Capital Cases updates thisinformation regularly.  This information; however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor 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 – PublicDefender’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 LoisCorrine 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 thatRobinson had agreed to loan him/her for gas money. When Zommer went over toRobinson’s house to pick up the money, he believed that Robinson recognized himas the man who had stolen a boat from another neighbor’s yard. He left herhouse after obtaining the money, but returned later to kill Robinson to preventher from reporting him to the police for stealing the boat. Zommer struckRobinson over the head with a wooden instrument referred to as an ukelin and ahurricane 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 adrink and he found knives. He returned to cut her throat with a knife from thekitchen. The medical examiner concluded that her death was caused by a largewound in her neck that created massive hemorrhaging.

On 04/12/05, a neighbor, the same one that Zommeroccasionally lived with, requested that the Osceola County Sheriff’s officeconduct a wellness check on Robinson. Robinson’s body was found during thecheck. The level of decomposition indicated that she had died several daysprior to the check. It was also noted that her vehicle was missing. On the sameday, her vehicle was spotted by Kissimmee police officers. Zommer, who wasdriving the car, accelerated in an attempt to escape the police, but ended upcrashing the car. He tried to escape on foot, but officers were able to catchhim. Zommer was then arrested and taken into custody. He subsequently confessedto detectives from the Osceola Sheriff’s Office that he murdered Robinson.

Additional Information:

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

Trial Summary:

05/17/05          Indictedas follows:

                                    CountI:           First-Degree Murder (Lois Corrine Robinson)                      

12/10/07          Juryreturned a guilty verdict on the indictment

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

02/22/08          Sentencedas follows:

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

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 08-494

31So.3d 733

03/25/08          Appealfiled

12/08/09          OralArguments held

03/11/10          FSCaffirmed conviction and sentence

04/08/10          Mandateissued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-11400

131S.Ct. 192

06/09/10          Petitionfiled

10/04/10          Petitiondenied

Case Information:

On 03/25/08, Zommer fileda Direct Appeal in the Florida Supreme Court. He raised the following claims:(1) Insufficient evidence; (2) thetrial court erred in finding cold,calculated, and premeditated aggravating circumstances; (3) the trial court erred in finding heinous, atrocious, and cruel aggravatingcircumstances; (4) trial court failed to properly interpret the statutorymitigating evidence offered and failed to correctly apply the law with regardto such mitigation; (5) death sentence is disproportionate to nature of thecrime; (6) jury must be unanimous in their decision that a defendant iseligible for the death penalty; (7) the indictment unconstitutionally failed tocontain allegations that sufficient aggravating circumstances existed tojustify imposition of death penalty, and insufficient mitigating circumstancesexisted to outweigh aggravating circumstances; (8) by requiring only one or more aggravatingcircumstances to support a death sentence, the Florida courts are interpretingan unambiguous statute in violation of the separation of powers proscriptioncontained in the Florida Constitution. Oral arguments were held on 12/08/09.The Florida Supreme Court affirmed Zommer’s conviction and sentence on03/11/10, and a mandate was issued on 04/08/10.

Zommer filed a Petitionfor Writ of Certiorari in the United States Supreme Court on 06/09/10. Thispetition was denied on 10/04/10.

Institutional Adjustment:

________________________________________________________________________

Report Date:   03/24/10          EMJ

Approved:       03/25/10          RM

Updated:         02/09/11          EMJ