The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
BarwickDarryl 092501RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
10/1/2007FSC07-18313.850 Appeal
9/3/2009FSC07-1831Oral Arguments held
7/21/2008FSC08-1377Habeas petition
9/3/2009FSC08-1377Oral Arguments held
4/8/2002CC8600940Second Amended
5/11/2004CC8600940Judge recused & new judge appointed
9/19/2005CC8600940Evidentiary Hearing
1/17/2007CC8600940Status Conference

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
DossD. ToddLake City, FL725 S.E. Baya Dr., Ste. 10232025-6092386/755-9119Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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 on for statistical or legal purposes.


BARWICK, Darryl (W/M)

DC #   092501

DOB: 09/29/66


Fourteenth Judicial Circuit, Bay County, Case #86-940

Sentencing Judge: The Honorable W. Fred Turner

Sentencing Judge, Retrial: The Honorable Clinton Foster

Trial Attorney: Michael L. Stone – Assistant Public Defender

Attorney, Retrial: Robert T. Adams – Assistant PublicDefender

Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender

Attorney, Collateral Appeals: D. Todd Doss – Registry


Date ofOffense:                    03/31/86

Date of Sentence:                 01/30/87

Date ofResentencing:           08/11/92


Circumstances of Offense:


Darryl Barwick was convicted and sentenced to death for themurder of Rebecca Wendt on 03/31/86.


During the late morning of 03/31/86, Rebecca Wendt wassunbathing outside her apartment complex in Panama City.  At the sametime, Darryl Barwick was lurking around the premises, watching her as he passedby several times.  When Wendt returned to her apartment, Barwick followedher inside intending to steal something.  When Wendt resisted, Barwickstabbed her.  Later that night, Michael Ann Wendt, the victim’s sister androommate, discovered her body in their bathroom wrapped in a comforter.


Investigators found bloody footprints and fingerprints atthe scene.  The victim had been stabbed over 37 times.  Wendt’sbathing suit looked as if someone tried unsuccessfully to remove it. There was no evidence of sexual contact, but medical examiners did find semenon the comforter Wendt was wrapped in.  Tests conducted on the semenconcluded that Barwick was within two percent of the population that could haveleft the semen.


After his arrest on 04/15/86, Barwick confessed to themurder, but insisted that he only entered Wendt’s apartment under the motive ofrobbery.


Prior Incarceration History in Florida: 


Offense Date


Sentence Date


Case #







5Y 0M 0D






5Y 0M 0D






10Y 0M 0D



Trial Summary:


04/15/86         Defendant arrested.

04/28/86         Defendant indicted on:

                                   Count I:           First-DegreeMurder

                                   Count II:         Armed Burglary

                                   Count III:        Attempted Sexual Battery

                                   Count IV:        Armed Robbery

11/24/86         The jury found the defendant guilty on all counts.

11/24/86         Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the

death penalty.

01/30/87         The defendant was sentenced as followed:

                                   Count I:           First-DegreeMurder - Death

                                   Count II:         Armed Burglary – Life

                                   Count III:        Attempted Sexual Battery – 30years

                                   Count IV:        Armed Robbery – Life

06/15/89         The Florida Supreme Court remanded the defendant’s Direct Appeal (FSC

#70,097) to the Circuit Court fora new trial because the State used its peremptory challenges to excludepotential black jurors.

07/09/92         The new trial jury found the defendant guilty on all counts.

07/16/92         Upon advisory sentencing, the new trial jury, by a 12 to 0 majority, voted

for the deathpenalty.

08/11/92         The defendant was resentenced as followed:

                                   Count I:           First-DegreeMurder - Death

                                   Count II:         Armed Burglary - Life inPrison

                                   Count III:        Attempted Sexual Battery – 30years

                                   Count IV:        Armed Robbery – Life in Prison


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC #70,097

547 So. 2d 612


02/24/87         Appeal filed.

06/15/89         FSC reversed Barwick’s convictions and vacated his sentences due to an

error made duringjury selection.  FSC remanded the case to the State

Circuit Court fora new trial.

09/07/89         Rehearing denied.

10/09/89         Mandate issued.


Florida Supreme Court – Direct Appeal

FSC #80, 446

660 So. 2d 685


09/08/92         Appeal filed.

07/20/95         FSC affirmed the convictions and sentence of Death.

09/19/95         Rehearing denied.

10/19/95         Mandate issued.


United States Supreme Court – Petition for Writ ofCertiorari

USSC #95-6964

516 U.S. 1097


12/05/95         Petition filed.

01/22/96         Petition denied.


State Circuit Court – 3.850 Motion

CC #86-940


03/18/97         Motion filed.

04/08/05         Motion amended.

08/28/07         Motion denied.


Florida Supreme Court – 3.850 Appeal

FSC # 07-1831  



10/01/07         Appeal filed.


Florida Supreme Court –Petition for Writ of HabeasCorpus

FSC #08-1377



07/21/08         Petition filed.


Factors Contributing to the Delay in the Imposition ofthe Sentence:


After Barwick was retried and resentenced, his Direct Appealtook three years to complete.  The FSC, in consideration of the financialstatus of the CCR, granted a motion to toll time regarding the filing of the3.850 until 09/01/97.  Barwick’s 3.850 Motion has been pending since 03/97due to public records requests.


Case Information:


On 02/24/87, Darryl Barwick filed a Direct Appeal in theFlorida Supreme Court.  On 06/15/89, the case was remanded to the CircuitCourt for a new trial based upon the State’s misuse of peremptory challenges.


On 09/08/92, upon being retried and resentenced, Barwickfiled another Direct Appeal in the Florida Supreme Court.  In this appeal,Barwick contended that the court erred on four main points: (1) The denial ofhis motions to disqualify Judge Foster, (2) The denial of his motions formistrial due to comments made by the prosecutor shifting the burden of proof,(3) The failure to dismiss the attempted sexual battery charge, (4) Theapplication of several aggravating factors.  The Florida Supreme Courtaffirmed the convictions and sentence of death on 07/20/95.


On 12/05/95, the defendant filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was denied on 01/22/96.


On 03/18/97, Barwick filed a 3.850 Motion in the CircuitCourt and amended the motion on 04/08/05.  That motion was denied on08/28/07.


Barwick filed a 3.850 Appeal in the Florida Supreme Court on10/01/07.  That motion is still pending.


Institutional Adjustment: 



 DATE          DAYS             VIOLATION                          LOCATION      

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

 03/16/96        0            DISOBEY REGULATIONS           UNION C. I.       

 12/12/03        0            DISOBEYINGORDER                  UNION C. I.




10/31/01 – ew

11/07/01 – approved – ws

07/24/08 – updated – klh