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. 

STEIN, Steven (W/M)

DC #   122551

DOB:   03/06/68

­­­Fourth Judicial Circuit, Duval County, Case #91-1505CF

Sentencing Judge: The Honorable David C. Wiggins

Attorney, Trial: Jefferson W. Morrow, Esquire

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

Attorney, Collateral Appeals:  Linda McDermott –Registry

Date of Offense: 01/20/91

Date of Sentence: 07/23/91

Circumstances of Offense:

Steven Stein was convicted and sentenced to death for themurders of Dennis Saunders and Bobby Hood.

On 01/20/91, Dennis Saunders and Bobby Hood, shiftsupervisors at the Edgewood Avenue Pizza Hut, were shot to death in thestore.  Saunders was shot four times and Hood was shot five times.  Asum of $980 also was taken from the restaurant.  The bodies of Saundersand Hood were found the next day in the men’s bathroom of the Pizza Hut.

Ronald Burroughs, an employee, had left the restaurant shortlyafter 11 p.m.  He testified that two customers were still inside when heleft.  Burroughs identified the customers as Steven Stein and MarcChristmas, the co-defendant.  Stein was a Pizza Hut employee and Christmaswas a former employee of Pizza Hut.  The police also found Christmas’sfingerprint on the unpaid guest check.

Kyle White, the roommate of Stein and Christmas, testifiedthat Stein and Christmas had discussed how to rob a Pizza Hut restaurant. On 01/20/91, Stein and Christmas left the apartment about 9:30 p.m. with arifle and claimed they were going to see Christmas’s father about sellingit.  Christmas’ father, however, testified that Stein nor Christmas cameto see him that night.  Stein and Christmas were back home by 11:45 p.m.

After being arrested, Stein gave a statement to thepolice.  Stein waived his rights and said that he wanted to talk about thecrime.  Stein admitted to being part of the robbery and said that it had“gone bad.”  He never admitted to shooting either Saunders or Hood.

Codefendant Information:

Marc Christmas (Duval County Circuit Court # 91-1504)

Marc Christmas was convicted of three counts for hisinvolvement in the crimes that occurred on 01/20/91.  Christmas wassentenced on 11/12/91.  He received three life sentences for the twocounts of First-Degree Murder during the Commission of a Felony and for onecount of Robbery with a Deadly Weapon.

Trial Summary:

02/07/91         Indicted on the following:

                                   Count I:          First-Degree Murder

                                   Count II:         First-Degree Murder

                                   Count III:        Robbery with a DeadlyWeapon

06/20/91         Stein was found guilty on all counts charged in the indictment.

06/20/91         Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the deathpenalty.

07/23/91         Stein was sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         First-Degree Murder –Death

CountIII:        Robbery with a Deadly Weapon –Life, less 182 days for time served

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #78,460

632 So. 2d 1361 (Fla. 1994)

08/19/91         Appeal filed.

01/13/94         FSC affirmed the conviction and sentence.

03/15/94         Rehearing denied.

04/14/94         Mandate issued.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #93-9144

513 U.S. 834 (U.S. 1994)

05/16/94         Petition filed.

10/03/94         USSC denied the Petition.

Circuit Court – 3.850 Motion

CC #91-1505CF

11/15/95         Motion filed.

06/21/96         Amended motion filed.

05/03/02         Amended motion filed.

10/18/02         Evidentiary Hearing held.

11/04/02         Motion denied in part.

05/02/06         Motion denied.

Florida Supreme Court – 3.851 Appeal (non-final)

FSC# 04-1037

895 So.2d 406 (2005)

06/14/04         Appeal filed.

01/28/05         Appeal denied.

Florida Supreme Court – 3.851 Appeal

FSC# 06-1505

995 So.2d 329

06/30/06         Appeal filed.

09/25/08         Disposition affirmed.

10/10/08         Motion for Rehearing filed.

11/19/08         Rehearing denied.

12/05/08         Mandate issued.

United States District Court, Middle District–Petition for Writ of Habeas Corpus

USDC# 09-01162

(Pending)

11/30/09         Petition filed.

State Circuit Court – 3.851 Motion

CC# 91-1505

(Pending)

10/26/10          Motion filed.

Factors Contributing to the Delay in Imposition ofSentence:

The Direct Appeal was pending for three years and the 3.850is still pending after six years.

Case Information:

Steven Stein filed his Direct Appeal in the Florida SupremeCourt on 08/19/91.  He raised several issues on Direct Appeal.  Steinclaimed that the trial judge erred in not suppressing statements he made,allowing a suppression hearing to continue after Stein’s counsel had left, andnot declaring a mistrial after prejudicial remarks were made in front of thejury.  He also argued that the mitigating and aggravating circumstanceswere mishandled.  The Florida Supreme Court did not find errors thatwarranted reversing the conviction or sentence.  The Florida Supreme Courtaffirmed the conviction and sentence on 01/13/94.  Rehearing was denied on03/15/94.  A mandate was issued on 04/14/94.

Stein filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 05/16/94.  The United States Supreme Court deniedthe petition on 10/03/94.

Stein filed a 3.850 Motion in the Duval County Circuit Courton 11/15/95.  Amended motions were filed on 06/21/96 and 05/03/02. An evidentiary hearing was held on 10/18/02.  The motion was denied inpart on 11/04/02.  On 05/02/06, the motion was denied entirely.

On 06/14/04, Stein filed a 3.851 Appeal in the FloridaSupreme Court.  The appeal was denied on 01/28/05.

Stein filed a 3.851 Appeal in the Florida Supreme Court on06/30/06.  On 09/25/08, the Florida Supreme Court affirmed the CircuitCourt’s disposition and denied the 3.851 Appeal.  On 10/10/08, Stein fileda Motion for Rehearing in the Florida Supreme Court.  This motion wasdenied on 11/19/08.  The Florida Supreme Court issued a mandate in thiscase on 12/05/08.

On 11/30/09, Stein filed a Petition for Writ of HabeasCorpus in the United States District Court, Middle District. This case iscurrently pending.

On 10/26/10, Stein filed a 3.851 Motion in the State CircuitCourt. This motion is currently pending.

Institutional Adjustment:

 DATE         DAYS                  VIOLATION                      LOCATION     

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

06/21/94         0                    PART.IN RIOTS                     UNION C. I.       

03/26/00         0                    DISOBEYING ORDER          UNION C.I.       

________________________________________________________________________

Report Date:  01/03/02          S.Q.

Approved:      04/21/03          W.S.

Updated:         01/18/11         EMJ