The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

FARINA, Anthony (W/M)

DC#    684135

DOB: 11/20/73

 

­­­Seventh Judicial Circuit, Volusia County Case # 92-32105

Sentencing Judge: The Honorable Uriel Blount

Attorney, Trial: Thomas R. Mott – Private

Attorney, Direct Appeal: Thomas R. Mott – Private

Attorney, Direct Appeal (after resentencing): Jeffrey Dees – Private

Attorney, Collateral Appeals:  Mark Gruber & Marie Parmer – CCRC-M

 

Date of Offense:         05/09/92

Date of Sentence:       12/16/92

Date of Resentence:    05/07/98

 

Circumstances of Offense:

 

On 05/09/92, as they were emptying trash from the Taco Bell restaurant where they worked, Michelle Van Ness and Derek Mason were approached by Anthony Farina, 18, a former employee at that Taco Bell restaurant, and his brother, Jeffrey Farina, 16.  Both of the brothers wore gloves, and Jeffrey Farina carried a .32-caliber pistol, while Anthony Farina carried a knife and rope.  The Farinas forced Van Ness and Mason back into the restaurant, where the brothers rounded up two other employees.  Jeffrey held three employees at gunpoint while Anthony ordered Kimberly Gordon to open the safe and hand over the day’s receipts.  Then, the Farinas tied the employees’ hands behind their backs and forced them into the walk-in freezer.  Shortly thereafter, Jeffrey shot Mason in the mouth, Gary Robinson in the chest, and Van Ness in the head.  Jeffrey attempted to shoot Gordon, but when the gun misfired, he stabbed her in the back.  Van Ness died the next day, but all of the other victims survived the attack.

 

The Farinas were arrested the next day when another Taco Bell employee recognized Anthony Farina at a gas station and called the police.   

 

Codefendant Information:

 

Anthony and Jeffrey Farina were tried together, convicted, and sentenced to death.  Both of their death sentences were overturned on Direct Appeal.  On Direct Appeal, after resentencing, Jeffrey’s death sentence was reduced to life imprisonment due to his age (16) at the time of the murder.

 

 Trial Summary:

 

05/19/92          Indicted on the following charges:

                                    Count I            First-Degree Murder

                                    Count II-IV    Attempted First Degree Murder

                                    Count V          Armed Robbery

                                    Count VI         Burglary of an Occupied Structure with Battery

                                    Count VII-X   Kidnapping

 Count XI         Conspiracy to Commit First-Degree Murder

11/18/92          Jury returned guilty verdicts for Counts I-VI and XI and not guilty

 verdicts on Counts VII-X of the indictment

11/20/92          Jury recommended a death sentence by a vote of 7-5

12/16/92          Sentenced as follows:

                                    Count I            First-Degree Murder – Death

                                    Count II-IV    Attempted First-Degree Murder – Life imprisonment

 Count V          Burglary of an Occupied Structure with Battery –

 Life Imprisonment

                                    Count VI         Kidnapping – Life Imprisonment

                                    Count XI         Conspiracy to Commit First-Degree Murder –

 Life Imprisonment

 

04/18/96          FSC affirmed convictions, vacated the death sentence, and remanded for a

 new sentencing hearing

04/20/98          Jury recommended a death sentence by a vote of 12-0

05/07/98          Resentenced to death

 

Appeal Summary: 

 

Florida Supreme Court – Direct Appeal

FSC# 81,118

679 So. 2d 1151

 

01/22/93          Appeal filed

04/18/96          FSC affirmed convictions, vacated the death sentences, and remanded to

the trial court for a new sentencing hearing

09/24/96          Rehearing denied

10/24/96          Mandate issued

 

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 93,050

801 So. 2d 44

 

05/21/98          Appeal filed

08/16/01          FSC affirmed death sentences

11/29/01          Rehearing denied and Mandate issued

 

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

USSC# 01-9641

536 U.S. 910

 

03/04/02          Petition filed

06/10/02          USSC denied Petition

 

Circuit Court – 3.851 Motion

CC# 92-32105

 

04/04/03          Motion filed

11/13/03          Motion amended

07/12/04          CC denied Motion

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 04-1610

937 So. 2d 612

 

08/16/04          Appeal filed

07/06/06          FSC affirmed denial of motion

09/15/06          Mandate issued

 

Circuit Court – 3.851 Motion

CC# 92-32105

 

05/18/05          Motion filed

06/22/07          Order denying motion

06/29/07          Motion for rehearing

07/10/07          Motion for rehearing denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-935

937 So. 2d 612

 

05/31/05          Petition filed

07/06/06          FSC denied petition

09/15/06          Mandate issued

 

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

USSC# 06-7898

127 S. Ct. 1153

 

11/16/06          Petition filed

01/22/07          USSC denied petition

 


U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 06-1768

(Pending)

 

11/17/06          Petition filed.

 

Florida Supreme Court – 3.850 Appeal

SC #07-1551

992 So. 2d 819

 

08/10/07          Appeal filed.

06/18/08          Appeal denied.

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The delay in the case arises from Farina’s death sentence being vacated on 04/18/96. 

  

Case Information:

 

Farina filed a Direct Appeal with the Florida Supreme Court on 01/22/93, citing numerous errors, including multiple allegations of juror selection error; denial of pretrial motions; prosecutorial error; and disproportionate sentencing, compared to other crimes.  On 04/18/96, the FSC, citing the trial court’s erroneous excusal of a qualified prospective juror for cause, affirmed all convictions, but vacated the death sentence and remanded to the trial court for a new sentencing hearing. 

 

On 04/20/98, the resentencing jury recommended a death sentence by a vote of 12-0, and

Farina was resentenced to death on 05/07/98.

 

Farina filed a Direct Appeal with the Florida Supreme Court on 05/21/98, citing twelve trial court errors, including claims of error in jury selection, improper admission of evidence, unfounded aggravating circumstances, and the proportionality of the death sentence.  The FSC affirmed the death sentence on 08/16/01.

 

Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/04/02 that was denied on 06/10/02.

 

Farina filed a 3.851 Motion with the Circuit Court on 04/04/03 and amended the Motion on 11/13/03.  On 07/12/04, the Circuit Court denied the Motion.

 

Farina filed a 3.851 Motion with the Florida Supreme Court on 08/16/04, raising the following issues: newly discovered evidence, evidentiary hearing testimonies, and ineffective assistance of counsel.  On 07/06/06, the FSC affirmed the denial of the motion.    

 

Farina filed a 3.851 Motion with the Circuit Court on 05/18/05, which was denied on 06/22/07.  On 06/29/07, Farina filed a motion for rehearing, which was denied on 7/10/07.

 

Farina filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 05/31/05, raising ineffective assistance of counsel issues.  On 07/06/06, the FSC denied the petition. 

 

Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/16/06 that was denied on 01/22/07.

 

Farina filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 11/17/06 that is pending.

 

On 08/10/07, Farina filed a 3.850 Appeal in the Florida Supreme Court that was denied on 06/18/08.

 

________________________________________________________________________

 

Report Date:   07/24/02          JFL

Approved:       07/25/02          WS     

Updated:         06/24/08          KLH