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
GonzalezRicardo 123763RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
2/16/2004FSC04-2253.851 Appeal
7/18/2008FSC04-225Motion for rehearing
9/11/2008FSC04-225Rehearing denied
10/20/2008USDC08-22909Habeas Corpus
9/28/2009USDC08-22909Petition dismissed
11/10/2009USCA09-15599Habeas appeal filed

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
FeilerJeffrey E.Miami, FL7685 S.W. 104th St., Ste. 20033156-3161305/670-7700Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Feiler92-2141 CF06ScolaDadeSouth10/15/200111/6/2001

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 upon for statistical or legal purposes. 


GONZALEZ, Ricardo (H/M)

DC#    123763

DOB: 01/20/70


Eleventh Judicial Circuit, Dade County Case # 92-2141 D

Sentencing Judge: The Honorable Robert N. Scola, Jr.

Attorney, Trial: R. Diaz – Private

Attorney, Direct Appeal:  William M. Norris – Private

Attorney, Collateral Appeals:  Jeffrey Feiler –Registry


Date of Offense:        01/03/92

Date of Sentence:       10/11/94

Date of Resentence:    09/18/98


Circumstances of Offense:


On 01/03/92, Ricardo Gonzalez, along with codefendantsLeonardo Franqui, Pablo San Martin, and two other associates, robbed the KislakNational Bank in North Miami, Florida.  During the robbery, a cash box wastaken from one of the drive-thru tellers and a security guard was shot andkilled. 


Codefendant Information:


Leonardo Franqui was convicted and sentenced to death. On 07/03/97, his convictions were affirmed by the FSC, but his death sentencewas vacated, and the case was remanded to the trial court for a new penaltyphase hearing.  Franqui was resentenced to death during the trial, whichoccurred during the week of 08/24 – 08/31/98.  His death sentence wasaffirmed by the FSC on 10/18/01.


Pablo San Martin was convicted and sentenced to death. The judge in the case overrode the jury recommendation of life imprisonment andsentenced San Martin to death.  On 06/11/98, his convictions were affirmedby the FSC, but his death sentence was vacated, and the trial court was orderedto sentence San Martin to life imprisonment. 


Trial Summary:


02/14/92         Indicted as follows:

                                  Count I           First-Degree Murder

                                  Count II         Armed Robbery

                                   Count III-IV  Aggravated Assault

                                  Count V          Possession of aFirearm During a Criminal Offense

                                  Count VI        Grand Theft

                                  Count VII       Burglary

                                  Count VIII      Grand Theft

                                  CountIX         Burglary

06/02/94         Jury returned guilty verdicts on all counts

09/23/94         Jury recommended death sentence by a 7-5 vote.

10/11/94         Sentenced as follows:

                                   CountI                       First-Degree Murder – Death

                                   CountII                     Armed Robbery – Life imprisonment

                                   CountsIV,VI,VII-IX 5 years each


08/20/98         Jury recommended death sentence by a vote of 8-4

09/18/98         Resentenced to death.


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 84,481

700 So.2d 1217


12/14/94         Appeal filed

09/18/97         FSC affirmed conviction, but vacated death sentence

10/30/97         Rehearing denied

12/01/97         Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 97-7810

523 U.S. 1062


01/20/98         Petition filed

04/06/98         USSC denied petition


U.S. Supreme Court – Petition for Writ of Certiorari(filed by state)

USSC# 97-1408

523 U.S. 1145


02/24/98         Petition filed

05/26/98         USSC denied petition


Florida Supreme Court – Direct Appeal (afterresentencing)

FSC# SC94154

786 So.2d 559


10/20/98         Appeal filed

05/10/01         FSC affirmed death sentence

06/11/01         Mandate issued


Circuit Court – 3.851 Motion

CC # 92-2141 D


07/19/02         Motion filed

08/13/02         Court granted State’s motion to strike Gonzalez’s 3.850 Motion

03/10/03         Amended Motion filed

01/06/04         Circuit Court denied Motion


Florida Supreme Court – 3.851 Motion Appeal

FSC# 04-225

990 So. 2d 1017


02/16/04         Appeal filed

07/03/08         Appeal denied


United States District Court, Southern District-Petition for Writ of Habeas Corpus

USDC# 08-22909


10/20/08         Petition filed

09/28/09          Petition dismissed


United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-15599



11/10/09          Appeal filed 


Factors Contributing to the Delay in Imposition ofSentence:


The Direct Appeal took nearly three years to be decided(12/14/94 – 09/18/97).  Gonzalez’s death sentence was vacated on 09/18/97,and he was resentenced on 09/18/98.


Case Information:


Gonzalez filed a Direct Appeal with the Florida Supreme Courton 12/14/94, citing the following issues: court error in not allowing twojurors to be struck with defense peremptory challenges, permitting theconfessions of two codefendants, denial of impartial penalty phase hearing, anddisproportionate sentencing.  The FSC affirmed the conviction, yet vacatedthe death sentence on 09/18/97. 


Gonzalez filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 01/20/98 that was denied on 04/06/98.


The State of Florida filed a Petition for Writ of Certiorariwith the U.S. Supreme Court on 02/24/98 that was denied on 05/26/98.


Gonzalez was resentenced to death on 09/18/98.


Gonzalez filed a Direct Appeal with the Florida SupremeCourt on 10/20/98, citing the following errors: improper use of harmless errorby the FSC in the first direct appeal, improper doubling of aggravatingcircumstances, rejection of expert testimony for mitigating circumstances,allowing improper comments by the prosecutor during closing arguments, anddisproportionate sentencing.  The FSC affirmed the death sentence on05/10/01.


Gonzalez filed a shell 3.851 Motion with the Circuit Courton 07/19/02.  On 08/13/02, the Circuit Court granted the State’s motion tostrike Gonzalez’s 3.851 Motion.  On 03/10/03, Gonzalez filed an Amended3.851 Motion that was denied on 01/06/04.


Gonzalez filed a 3.851 Motion Appeal with the FloridaSupreme Court on 02/16/04 that was denied 07/03/08.


Gonzalez filed a Petition for Writ of Habeas Corpus in theUnited States District Court on 10/20/08 that was denied on 09/28/09. On11/10/09, Gonzalez filed a Habeas Appeal in the United States Court of Appeals,Eleventh Circuit, that is pending.




Report Date:  07/31/01          JFL

Approved:      11/16/01          WS

Updated:        12/03/09          KKR