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 onfor statistical or legal purposes.

HILDWIN,Paul C. (W/M)

DC #   923196

DOB: 03/22/60

FifthJudicial Circuit, Hernando County, Case #85-499

SentencingJudge: The Honorable R.T. Tombrink Jr.

Attorney,Trial:  Daniel M. Lewan – Assistant Public Defender

Attorney,Direct Appeal:  Larry Henderson – Assistant Public Defender

Attorney,Collateral Appeals: Martin J. McClain – CCRC-M

Date ofOffense:           09/09/85

Date ofSentence:         09/17/86

Date ofResentence:      12/04/96

Circumstancesof Offense:

Thedefendant, Paul Hildwin, raped and murdered a woman by strangling her inHernando County.

On thenight of September 8, 1985, Hildwin and two women went to a drive-in movie,where they spent all their money.  Returning home early the next morning,their car ran out of fuel.  They collected some soda bottles that werelying on the roadside, redeemed them for cash and bought some gasoline. However, they were still not able to start the car.  After spending thenight in the car, Hildwin at nine a.m. began walking toward a convenience storenear a coin laundry.  He had no money left, but when he returnedapproximately an hour and a half later he had money and a radio.  Laterthat day he forged a check written to him on the account of Vronzettie Cox, thevictim.  The check led police to Hildwin.  A search of his hometurned up a radio and a ring, both of which belonged to the victim.

Thevictim had been missing for four days when her body was found in the trunk ofher car, which was hidden in dense woods in Hernando County.  The man shelived with said she left home to wash clothes at a coin laundry near aconvenience store.

Additionalinformation:

At thetime of the offense, Hildwin was on parole for rape and attempted sodomyconvictions in New York State in 1979.

TrialSummary:

11/22/85         Defendant indicted with thefollowing:

                                   Count I:            First-DegreeMurder

09/04/86         Defendant was found guiltyof First-Degree Murder

09/17/86         The jury recommended Death by a vote of 12 to 0

09/17/86         Defendant was sentenced as follows:

CountI:           First-Degree Murder – Death

09/26/96         Upon resentencing, the jury recommended Death by a vote of 8-4

12/04/96         Defendant was resentenced as follows:

CountI:           First-Degree Murder – Death 

AppealSummary:

FloridaSupreme Court – Direct Appeal

FSC#69,513

531 So.2d 124  

10/17/86         Appeal filed.

09/01/88         Conviction and sentence affirmed.

10/17/88         Rehearing denied.

UnitedStates Supreme Court – Petition for Writ of Certiorari

USSC#88-6066

490 U.S.638

12/07/88         Petition filed.

05/30/89         Petition denied.

07/03/89         Rehearing denied.

07/03/89         Mandate issued.

FloridaSupreme Court – Petition for Writ of Habeas Corpus

FSC#76,145

654 So.2d 107

06/12/90         Petition filed.

01/19/95         Petition denied.

05/11/95         Rehearing denied and Mandate issued.

StateCircuit Court – 3.850 Motion

CC#85-499

10/24/90         Motion filed.

06/23/93         Motion denied.

FloridaSupreme Court – 3.850 Appeal

FSC#82,321

654 So.2d 107  

09/08/93         Appeal filed.

01/19/95         Sentence vacated and remanded.

05/11/95         Rehearing denied and Mandate issued.

UnitedStates Supreme Court – Petition for Writ of Certiorari

USSC#95-5633

516 U.S.965

08/11/95         Petition filed.

11/06/95         Petition denied.

FloridaSupreme Court – Direct Appeal

FSC#89,658

727 So.2d 193  

01/08/97         Appeal filed.

09/10/98         FSC affirmed convictions and resentence.

02/25/99         Rehearing denied.

03/29/99         Mandate issued.

UnitedStates Supreme Court – Petition for Writ of Certiorari

USSC#98-9847

528 U.S.856

06/02/99         Petition filed.

10/04/99         Petition denied.

StateCircuit Court – 3.851 Motion

CC#85-499

01/07/00         Motion filed.

08/06/03         Motion amended.

05/03/04         Motion denied.

FloridaSupreme Court – 3.851 Motion Appeal

FSC#04-1264

951 So.2d 784

06/28/04         Appeal filed.

12/14/06         FSC affirmed denial of 3.851 motion.

03/07/07         Rehearing denied.

03/23/07         Mandate issued.

UnitedStates District Court, Middle District – Petition for Writ of Habeas Corpus

USDC#07-2276

(Pending)

12/14/07         Petition filed.

FloridaSupreme Court – 3.850 Appeal

FSC#09-1417

(Pending)

07/29/09           Appeal filed.

StateCircuit Court – Successive 3.851 Motion

CC#85-499

12/01/10         Motion filed.

12/06/10         State’s Response filed.

01/31/11         Motion denied.

FloridaSupreme Court – 3.851 Appeal

FSC #11-428

(Pending)

03/03/11           Appeal filed.

DeathWarrant:

05/17/90         Warrant signed by GovernorMartinez.

06/21/90         Florida Supreme Courtgranted stay of execution.

Clemency:

06/23/89         Hearing held (denied).

FactorsContributing to the Delay in Imposition of Sentence:

Thereare two sources of delay in this case.  First, Hildwin’s resentencingessentially began the appeals process anew.  Second, the defendant’spetition for a writ of habeas corpus was under consideration by the FloridaSupreme Court for four and a half years before it was denied in 1995.

CaseInformation:

Hildwinfiled a Direct Appeal with the Florida Supreme Court (FSC) on 10/17/86. The FSC affirmed the conviction and sentence on 09/01/88. 

APetition for Writ of Certiorari was filed on 12/07/88 with the United StatesSupreme Court (USSC) and was denied on 05/30/89.

GovernorMartinez signed a death warrant on 05/17/90, but the FSC filed a stay ofexecution on 06/21/90. 

APetition for a Writ of Habeas Corpus was filed with the FSC on 06/12/90 and wasdenied on 01/19/95. 

A 3.850Motion was filed with the circuit court on 10/24/90 and was denied on06/23/93. 

A 3.850Appeal was filed with the FSC on 09/08/93.  The FSC vacated the sentenceof death on 01/19/95 based on claims of ineffective assistance of counsel andremanded the case for new sentencing. 

APetition for Writ of Certiorari was filed with the USSC on 08/11/95 and wasdenied on 11/06/95.

A secondDirect Appeal was filed with the FSC on 01/08/97.  The FSC affirmed the convictionand sentence on 09/10/98. 

APetition for Writ of Certiorari was filed with the USSC on 06/02/99 and wasdenied on 10/04/99.

A second3.851 motion was filed with the circuit court on 01/07/00 and amended on08/06/03.  On 05/03/04, the Circuit Court denied the 3.851 Motion. 

A 3.851Motion Appeal was filed with the Florida Supreme Court on 06/28/04.  On12/14/06, the denial was affirmed. 

On12/14/07, Hildwin filed a Petition for Writ of Habeas Corpus in the UnitedStates District Court. This petition is pending.

A 3.850Motion Appeal was filed with the Florida Supreme Court on 7/29/09. This appealis pending.

On12/01/10, Hildwin filed a Successive 3.851 Motion with the State Court. This motion was denied on 01/30/11.

A 3.851Motion Appeal was filed with the Florida Supreme Court on 03/03/11. This appealis pending.

InstitutionalAdjustment:

THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE    DAYS                  VIOLATION                                       LOCATION      

01/27/90     0                       POSS OF CONTRABAND                FLORIDA STATE PRISON

11/14/97     0                       FIGHTING                                           UNION C. I.      

_____________________________________________________________________

ReportDate:    06/06/01          tb

Approved:                             whs

Updated:         03/08/11        CAR