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.

MENDOZA, Marbel (W/M)

DC#    450307

DOB:  09/23/66

Eleventh Judicial Circuit, Dade County, Case# 92-9940C

Sentencing Judge:  The Honorable Alan L. Postman

Attorneys, Trial:  B. Wax & A. Suri – AssistantPublic Defenders

Attorney, Direct Appeal:  John H. Lipinski – Private

Attorney, Collateral Appeals:  Rachel L. Day –CCRC-S           

Date of Offense:  03/17/92

Date of Sentence:  08/02/94

Circumstances of the Offense:

Marbel Mendoza and Humberto Cuellar planned to rob thevictim Conrad Calderon. Humberto Cuellar asked his brother, Lazaro Cuellar, todrive the getaway car. Humberto Cuellar and Mendoza gained knowledge of Mr.Calderon’s schedule and were waiting outside Mr. Calderon’s house during thepredawn hours of 03/17/92. At approximately 5:40 am, Mr. Caldron left his houseand proceeded to his car. Mendoza and Humberto Cuellar were hiding behind ahedge and confronted Mr. Calderon in the driveway between the two vehicles.Mendoza carried a .38 caliber revolver and Humberto Cuellar had a 9-mmautomatic pistol. A struggle ensued between the three men. Humberto Cuellar hitMr. Calderon in the head with his pistol, at which time the victim took out a.38 special revolver and shot Humberto Cuellar in the chest. Humberto Cuellarthen ran to the car; while he was running away, he heard shots. When Mendozaarrived at the car, he stated to Humberto Cuellar that he had shot Mr.Calderon. The three men drove to a hospital. At the hospital the policerecovered the car, which contained Humberto Cuellar’s gun. The side of the gunhad hair embedded in it, which was consistent with the story that HumbertoCuellar would tell the police. On 03/24/92, Mendoza was arrested.

No money was taken during the robbery. Mr. Calderon’s gunand a bank bag were found at the scene, under Mr. Calderon’s body. Money wasfound in the victim’s pocket and in his wallet. Mendoza’s fingerprints wererecovered from the car adjacent to where the victim’s body was found. An x-rayof Humberto Cuellar indicated a bullet, consistent with the victim’s gun, waslodged near his spine. Casing and bullets recovered from the scene and thevictim’s body indicated that Mr. Calderon was shot at point-blank range threetimes and the fourth shot was from less than six inches away.

Codefendant Information:

Humberto Cuellar (DC# 433373)

Cuellar was found guilty and sentenced as follows on01/18/94:

           2nd Degree murder, Dangerous Act – 15 years

           Attempted Robbery with no Firearm or Deadly Weapon – 20 years

           Burglary of an Occupied Dwelling or Conveyance – 20 years

           Threatens to use any Firearm – 15 years

Lazaro Cuellar, Jr. (DC# H01509)

On 05/20/93, Lazaro entered a plea agreement with the Stateand the lower court in which he agreed to plea guilty to a lesser offense ofmanslaughter and plead guilty as charged to the offenses of conspiracy tocommit robbery and attempted armed robbery.  The court accepted the pleaagreement and sentenced him to three concurrent terms of 10 year imprisonment.

Prior Incarceration History in the state of Florida:

Trial Summary:

03/31/92         Indicted as follows:

                              CountI:           First-DegreeMurder

CountII:         Conspiracy to CommitRobbery with a Deadly Weapon

CountIII:        Attempted Armed Robbery with aFirearm

CountIV:        Armed Burglary with an Assault

04/14/92         Pled not guilty

02/08/94         Jury returned guilty verdicts on all counts of the indictment and Jury recommendeddeath by a vote of 7-5

08/02/94         Sentenced as follows:

                              CountI:           First DegreeMurder – Death

CountII:         Conspiracy to CommitRobbery with a Deadly Weapon – 15 years consecutive to Count I

CountIII:        Attempted armed Robbery with aFirearm – 15 years with a 3-year mandatory/minimum sentence consecutive toCounts I & II

CountIV:        Armed Burglary with an Assault –Life with a 3year mandatory/minimum consecutive sentence to Counts I, II, &III

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 84,370

700 So. 2d 670

09/19/94         Appeal filed

10/16/97         FSC affirmed conviction and death sentence

12/11/97         Rehearing denied

01/14/98         Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 97-9178

525 U.S. 839

03/10/98         Petition filed

10/05/98         Petition denied

State Circuit Court – 3.850 Motion

CC# 92-9940C

09/10/99         Motion filed

09/05/00         Amended motion filed

01/19/01         Motion denied

04/16/04         Evidentiary Hearing held

08/18/04         Motion denied

06/18/08         Evidentiary Hearing held

04/01/09         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 01-735

817 So. 2d 848

04/06/01         Appeal filed

04/03/02         Remanded to Circuit Court for Evidentiary Hearing

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 01-1963

817 So. 2d 848

09/06/01         Petition filed

04/03/02         Dismissed without prejudice

Florida Supreme Court – 3.850 Appeal

FSC# 04-1881

964 So.2d 121

09/20/04         Appeal filed

05/24/07         FSC reversed Mendoza’s conviction and remanded for a new evidentiary hearing onthe claim of ineffective assistance of counsel

06/07/07         Motion for Rehearing filed

08/23/07         Motion for Rehearing denied

09/10/07         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-2143

964 So.2d 121

11/28/05         Petition filed

05/24/07         Petition denied

09/10/07         Mandate issued

Florida Supreme Court – 3.850 Appeal

FSC# 09-774

(Pending)

04/30/09         Appeal filed

Factors Contributing to the Delay in the Imposition ofthe Sentence:

It took three years for the Florida Supreme Court to decideMendoza’s Direct Appeal.

Case Information:

A Direct Appeal was filed to the Florida Supreme Court on09/19/94. The appellant raised nine claims, including; the trial court erred indenying appellant’s motion for mistrial based on the judge’s ex partecommunications with the jurors and allowing the State to impeach appellant’sexpert witness by asking him whether he had considered appellant’s criminalhistory and allowing the State to comment during closing arguments onappellant’s pending criminal charges. The Court found all of the issues withoutmerit and affirmed Mendoza’s conviction and sentence.

Within two months from the mandate being issued on theDirect Appeal, a Petition for Writ of Certiorari was filed to the United StatesSupreme Court on 03/10/98.  It was denied on 10/05/98.

A 3.850 Motion was filed to the Circuit Court on09/10/99.  It was amended on 09/05/00, and the motion was denied on01/19/01.  After the Florida Supreme Court remanded the case to theCircuit Court, an Evidentiary Hearing was held on 04/16/04.  The motionwas denied on 08/18/04. Another Evidentiary Hearing was held on 06/18/09. The3.850 Motion was denied again on 04/01/09.

The 3.850 Appeal was filed to the Florida Supreme Court on04/06/01. The Court vacated the trial court’s decision and remanded the casefor an Evidentiary Hearing on the claims of ineffective counsel on 04/03/02.

Mendoza filed a Petition for a Writ of Habeas Corpus to theFlorida Supreme Court on 09/06/01, which was dismissed without prejudice on04/03/02.

On 09/20/04, Mendoza filed a 3.850 Appeal to the FloridaSupreme Court.  On 05/24/07, the Court reversed Mendoza’s conviction andremanded the case back to the Circuit Court for a new Evidentiary Hearing onthe ineffective assistance of counsel claims.  The circuit judge who heardthe evidence is now deceased and the new Evidentiary Hearing is to be held uponremand.  On 06/07/07, Mendoza filed a Motion for Rehearing in the FloridaSupreme Court; this Motion was denied on 08/23/07.  The mandate was issuedby the Florida Supreme Court on 09/10/07, upholding the decision reversal andremanding a new Evidentiary Hearing in the Circuit Court.

On 11/28/05, Mendoza filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 05/24/07. Although the Court is remanding for a new evidentiary hearing based on thepostconviction claims, the Court denied all nine claims that were raised inthis case. The mandate affirming this decision was issued by the FloridaSupreme Court on 09/10/07.

A 3.850 Appeal was filed to the Florida Supreme Court on04/30/09. This case is currently pending.

Institutional Adjustment:

DATE            DAYS            VIOLATION                                    LOCATION     

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

01/07/00         0                     POSS OFCONTRABAND              UNION C. I.       

01/24/00         0                     POSS OF CONTRABAND              UNION C. I.       

06/01/00         0                     POSS OF CONTRABAND              UNION C. I.       

07/18/00         30                   FIGHTING                                        UNION C. I.       

09/03/02         180                 ASSAULTS ORATTEMPT             UNION C. I.       

09/03/02         30                   POSS OFCONTRABAND              UNION C. I.       

01/08/03         15                   POSS OF CONTRABAND              UNION C. I.       

_______________________________________________________________________________ 

Report Date:    10/1/01          NMP

Approved:       10/2/01           WS

Updated:         08/11/09         EMJ