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.
FRANQUI, Leonardo (W/M)
DC# 445903
DOB: 09/26/70
Eleventh Judicial Circuit, Dade County Case # 92-2141B
Sentencing Judge: The Honorable Rodolfo Sorondo,Jr.
Attorney, Trial: Eric Cohen – Private
Attorney, Direct Appeal: Eric Cohen – Private
Attorney, Collateral Appeals: Martin McClain
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, Leonardo Franqui,along with codefendants Ricardo Gonzalez, Pablo San Martin, and two otherassociates, robbed the Kislak National Bank in NorthMiami, Florida. During the robbery, a cash box was taken from one of the drive-thrutellers and a security guard was shot and killed.
On 01/18/92, Gonzalez was stopped by police and confessed tothe crime, also implicating Franqui in therobbery. San Martin also confessed to the robbery. Franqui was questioned by police on 01/18/92, wherein healso confessed to the crime.
Trial Summary:
02/14/92 Indicted as follows:
Count I First-Degree Murder
Count II Armed Robbery
Count III-IV Aggravated Assault
CountV Possession of a FirearmDuring a Criminal Offense
CountVI Grand Theft
CountVII Burglary
CountVIII Grand Theft
CountIX Burglary
06/02/94 Jury returned guilty verdicts on all counts
09/23/94 Jury recommended death sentence by a 9-3 vote
10/11/94 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Armed Robbery – Life Imprisonment
Count IV,VI,VII-IX 5 years each
07/03/97 FSC vacated death sentence and remanded for resentencing
08/31/98 Jury recommended death sentence by a 10-2 vote
09/18/98 Resentenced to death
Codefendant Information:
Ricardo Gonzalez was convicted and sentenced to death. On 09/18/97, 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. Gonzalez was resentenced to death on 09/18/98. His deathsentence was affirmed by the FSC on 05/10/01.
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.
Prior Incarceration History in the State of Florida:
On 10/15/92, Franqui was sentencedto five year terms for the following crimes committed on 11/29/91 (Case Number92-6346): Aggravated Assault With a Weapon, AttemptedArmed Robbery, and Grand Theft. Also on 10/15/92, Franquiwas sentenced to twenty-two year terms for the following crimes committed on01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.
On 11/23/93, Franqui was sentencedfor the following crimes committed on 12/06/91 (Case Number 92-6089B):First-Degree Murder (Death), Attempted First-Degree Murder (2 terms of LifeImprisonment), Attempted Armed Robbery (15 years), Grand Theft
(2 terms of 5 years), Unlawful Possession of a Firearm in aCrime (5 years)
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,701
699 So. 2d 1332
11/14/94 Appeal filed
07/03/97 FSC affirmed convictions, but vacated death sentence
10/07/97 Rehearing denied
11/06/97 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-7857
523 U.S. 1097
01/05/98 Petition filed
04/27/98 USSC denied Petition
U.S. Supreme Court – Petition for Writ of Certiorari(filed by State)
USSC# 97-1202
523 U.S. 1040
01/16/98 Petition filed
03/23/98 USSC denied Petition
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 94,269
804 So. 2d 1185
11/09/98 Appeal filed
10/18/01 FSC affirmed convictions and sentences
01/08/02 Rehearing denied and Mandate issued
Circuit Court – 3.851 Motion
CC# 92-2141B
01/08/03 Shell Motion filed
04/17/03 Motion supplemented
11/09/04 CC denied Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 04-2380
965 So.2d 22
12/21/04 Appeal filed
05/03/07 FSC affirmed denial of motion
09/26/07 Mandate issued
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 06-36
965 So.2d 22
01/05/06 Petition filed
05/03/07 FSC denied petition
09/26/07 Mandate issued
United States District Court, Southern District-Petition for Writ of Habeas Corpus
USDC #07-cv-22384
09/12/07 Petition filed
07/10/08 Petition denied
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 08-16389
11/17/08 Appeal filed
12/15/08 COA denied
01/28/10 Amended COA denied
United States Supreme Court − Petition for Writof Certiorari
USSC #07-9882
128 S. Ct. 2443
02/07/08 Petition filed
05/12/08 Petition denied
United States Supreme Court − Petition for Writof Certiorari
USSC # 10-7627
10/04/10 Petitionfiled
01/18/10 Petitiondenied
Circuit Court – 3.851 Motion
CC# 92-2141B
(Pending)
11/29/10 Motionfiled
01/27/11 Motiondenied
02/24/11 Motionfor rehearing
03/15/11 Motiondenied
Factors Contributing to the Delay in Imposition ofSentence:
Franqui’s original death sentencewas vacated by the FSC and he was resentenced to death on 09/18/98.
Case Information:
On 11/14/94, Franqui filed aDirect Appeal with the Florida Supreme Court, citing the following errors:denial of peremptory challenges of jurors; granting the State’s peremptorychallenge of a juror; denial of severance motion; admission of State comments;and sentencing Franqui to death. On 07/03/97,the FSC affirmed the convictions, but vacated the death sentence and ordered Franqui to be resentenced, finding that Franquiwas not allowed to confront Gonzalez about his confession.
On 01/05/98, Franqui filed aPetition for Writ of Certiorari with the U.S. Supreme Court that was denied on04/27/98.
On 01/16/98, the State filed a Petition for Writ ofCertiorari with the U.S. Supreme Court that was denied on 03/23/98.
At Franqui’s resentencing, thejury recommended the death sentence by a vote of
10-2 on 08/31/98 and he wasresentenced to death on 09/18/98.
On 11/09/98, Franqui filed aDirect Appeal with the Florida Supreme Court, citing the followingerrors: excusing two jurors for cause; improper jury instructions regardingaggravating and mitigating circumstances; overruling defense objections to theState’s closing argument; refusal to instruct the jury that it could considerthe life sentences given to codefendants as mitigating evidence; failure tofind and weigh all mitigating circumstances; and disproportionate punishmentcompared to other cases. On 10/18/01, the FSC affirmed the deathsentence.
On 01/08/03, Franqui filed a shell3.850 Motion with the Circuit Court that was supplemented on 04/17/03. On11/09/04, the Motion was denied by the Circuit Court.
On 12/21/04, Franqui filed a 3.851Motion Appeal with the Florida Supreme Court. On 05/03/07, the FSCaffirmed the denial of the motion. A mandate was issued on 09/26/07.
On 01/05/06, Franqui filed aPetition for Writ of Habeas Corpus with the Florida Supreme Court that wasdenied on 05/03/07. A mandate was issued on 09/26/07.
Franqui filed a Petition for Writof Habeas Corpus in the United States District Court, Southern District on09/12/07 that was denied on 07/10/08. On 11/17/08, Franquifiled a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit.The Certificate of Appealability was denied on12/15/08. An Amended Certificate of Appealability wasdenied on 01/28/10.
On 10/04/10, Franqui filed aPetition for Writ of Certiorari with the U.S. Supreme Court. That petition wasdenied on 01/18/11.
On 11/29/10, Franqui filed a 3.850Motion with the Circuit Court. That motion was denied on 01/27/11. On 02/24/11,Franqui filed a motion for rehearing. That motion wasdenied on 03/15/11.
FRANQUI, Leonardo (W/M)
DC# 445903
DOB: 09/26/70
Eleventh Judicial Circuit, Dade County Case #92-6089B
Sentencing Judge: The Honorable Rodolfo Sorondo,Jr.
Attorney, Trial: Eric Cohen – Private
Attorney, Direct Appeal: Eric Cohen – Private
Attorney, Collateral Appeals: Todd Scher– Registry
Date of Offense: 12/06/91
Date of Sentence: 11/23/93
Circumstances of Offense:
On 12/06/91, Danilo Cabanas, Sr., Danilo Cabanas, Jr., and Raul Lopez went to pick up $25,000in cash from the bank for the check-cashing business owned by the Cabanasfamily. The men left the bank in two cars with Cabanas Sr. and Jr. ridingin the first car and Lopez following in a truck. On the PalmettoExpressway, the three men were boxed in by two Chevrolet Suburbansat a stoplight. Leonardo Franqui, Pablo SanMartin, and Pablo Abreu exited the Suburbans, and San Martin told the victims not tomove. The men in the Suburbans fled the sceneafter an exchange of gunfire. Lopez was then found to have been shot inthe chest and was taken to the hospital, but he died shortly after arriving atthe hospital.
San Martin confessed to his involvement in the planning andexecution of the crime in an oral statement. He later told the policethat the firearms could be found in a river near his home. The policewere able to retrieve two weapons: a 9mm semiautomatic pistol and a .357revolver.
Leonardo Franqui also confessed tothe crime. The events of the crime described by Franquiwere very similar to the confession of Pablo San Martin. Franqui admitted to carrying a .357 revolver, and an expertwas able to determine that the bullet that killed Lopez came from a .357revolver.
Codefendant Information:
Pablo Abreu entered into a pleaagreement with the State and testified against Franquiduring the penalty phase of trial. Abreureceived one life sentence for the crime of First-Degree Murder, two lifesentences for the two counts of Attempted First-Degree Murder, two 15-yearsentences for Attempted Armed Robbery and Unlawful Possession of a Firearm, andtwo five-year sentences for the two counts of Grand Theft.
San Martin was convicted on all counts of the indictment andwas sentenced to death for the crime of First-Degree Murder, two lifesentences for the two counts of Attempted First-Degree Murder, two 15-yearsentences for Attempted Armed Robbery and Unlawful Possession of a Firearm, andtwo five-year sentences for the two counts of Grand Theft.
Prior Incarceration History in the State of Florida:
On 10/15/92, Franqui was sentencedto five year terms for the following crimes committed on 11/29/91 (Case Number92-6346): Aggravated Assault With a Weapon, AttemptedArmed Robbery, and Grand Theft. Also on 10/15/92, Franquiwas sentenced to twenty-two year terms for the following crimes committed on01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.
On 10/11/94, Franqui was sentencedfor the following crimes committed on 01/03/92 (Case Number 92-2141B): FirstDegree Murder (Death), Armed Robbery (Life Imprisonment), Aggravated Assault,Burglary, Grand Theft (5 terms of 5 years).
Trial Summary:
02/08/92 Indicted as follows:
Count I First-Degree Murder
CountII Attempted First-DegreeMurder
CountIII Attempted First-DegreeMurder
Count IV Attempted ArmedRobbery
Count V Grand Theft
CountVI Grand Theft
CountVII Unlawful Possession of a Firearm WhileEngaged in
a Criminal Offense
09/24/93 Jury returned guilty verdicts on all counts of the indictment
11/04/93 Jury recommended a death sentence by a vote of 9-3
11/23/93 Sentenced as follows:
Count I First-Degree Murder – Death
Count II AttemptedFirst-Degree Murder – Life
Imprisonment
CountIII Attempted First-DegreeMurder – Life
Imprisonment
Count IV Attempted ArmedRobbery – 15 years
CountV Grand Theft – 5 years
CountVI Grand Theft – 5 years
Count VII Unlawful Possession of a FirearmWhile Engaged
in a Criminal Offense – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 83,116
699 So. 2d 1312
01/28/94 Appeal filed
06/26/97 FSC affirmed convictions and sentences
10/07/97 Rehearing denied
11/06/97 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-7856
523 U.S. 1097
12/31/97 Petition filed
04/27/98 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 92-6089B
01/15/99 Motion filed
04/18/00 Motion amended
03/31/05 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-830
14 So.3d 238
(Pending)
05/10/05 Appeal filed
01/06/11 Denial affirmed
01/28/11 Motion for rehearing
04/11/11 Motion denied
Circuit Court – 3.203 Motion(On Remand)
CC# 92-6089B
07/16/09 Relinquishment started
09/14/09 Evidentiary Hearing held
09/22/09 CC denied Motion
Florida Supreme Court – 3.203 Motion Appeal
FSC# 05-830
11/16/09 Appeal filed
01/06/11 Denial affirmed
Factors Contributing to the Delay in Imposition ofSentence:
Franqui’s Direct Appeal waspending from 01/28/94 – 06/26/97, and the 3.850 Motion was pending from01/15/99 – 03/31/05.
Case Information:
On 01/28/94, Franqui filed aDirect Appeal with the Florida Supreme Court, citing the following trial courterrors: State’s failure to prove the case independent of Franqui’sconfession; admission of San Martin’s confession; errors in the jury selectionprocess; finding Franqui guilty of a crime that waslater removed from the law (Attempted Felony Murder); improper finding andvagueness of the cold, calculated, and premeditated murder aggravatingcircumstance; failure to find certain statutory and non-statutory mitigatingcircumstances; failure to allow certain jury instructions; unconstitutionalityof the death penalty; and disproportionate punishment compared to other cases. On 06/26/97, the FSC affirmed the convictions and sentences.
On 12/31/97, Franqui filed aPetition for Writ of Certiorari with the U.S. Supreme Court that was denied on04/27/98.
On 01/15/99, Franqui filed a 3.850Motion with the Circuit Court and amended it on 04/18/00. On 03/31/05,the Circuit Court denied the Motion.
On 05/10/05, Franqui filed a 3.850Motion Appeal with the Florida Supreme Court. That petition was denied on01/06/11.
On 09/14/09, an evidentiary hearing was held in the CircuitCourt. The Circuit Court denied the 3.203 motion on 09/22/09.
On 11/16/09, Franqui filed a 3.203Motion Appeal with the Florida Supreme Court. On 01/06/11, the Florida SupremeCourt affirmed the denial of Franqui’s 3.203 motion.
On 01/28/11, Franqui filed amotion for rehearing with the Florida Supreme Court. That motion was denied on04/11/11.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
06/12/96 0 FIGHTING UNION C.I.-MED.FAC.
04/15/05 30 POSS OFCONTRABAND FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 07/17/02 JFL
Approved: 07/22/02 WS
Updated: 04/13/11 JJK