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 on for statistical or legal purposes.

 

HILDWIN, Paul C. (W/M)

DC #    923196

DOB:  03/22/60

 

Fifth Judicial Circuit, Hernando County, Case #85-499

Sentencing Judge: 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 of Offense:           09/09/85

Date of Sentence:         09/17/86

Date of Resentence:      12/04/96

 

 

Circumstances of Offense:

 

The defendant, Paul Hildwin, raped and murdered a woman by strangling her in Hernando County.

 

On the night 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 were lying on the roadside, redeemed them for cash and bought some gasoline.  However, they were still not able to start the car.  After spending the night in the car, Hildwin at nine a.m. began walking toward a convenience store near a coin laundry.  He had no money left, but when he returned approximately an hour and a half later he had money and a radio.  Later that day he forged a check written to him on the account of Vronzettie Cox, the victim.  The check led police to Hildwin.  A search of his home turned up a radio and a ring, both of which belonged to the victim.

 

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

 

 

Additional information:

 

At the time of the offense, Hildwin was on parole for rape and attempted sodomy convictions in New York State in 1979.

 

 

Trial Summary:

 

11/22/85          Defendant indicted with the following:

                                    Count I:            First-Degree Murder

09/04/86          Defendant was found guilty of 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:

Count I:            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:

Count I:            First-Degree Murder – Death 

 

Appeal Summary:

 

Florida Supreme 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.

 

United States 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.

 

Florida Supreme 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.

 

State Circuit Court – 3.850 Motion

CC #85-499

 

10/24/90          Motion filed.

06/23/93          Motion denied.

 

Florida Supreme 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.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #95-5633

516 U.S. 965

 

08/11/95          Petition filed.

11/06/95          Petition denied.

 

Florida Supreme 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.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #98-9847

528 U.S. 856

 

06/02/99          Petition filed.

10/04/99          Petition denied.

 

State Circuit Court – 3.851 Motion

CC #85-499

 

01/07/00          Motion filed.

08/06/03          Motion amended.

05/03/04          Motion denied.

 

Florida Supreme 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.

 

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 07-2276

(Pending)

 

12/14/07          Petition filed.

 

Florida Supreme Court – 3.850 Appeal

FSC #09-1417

(Pending)

 

07/29/09            Appeal filed.

 

State Circuit 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.

 

Florida Supreme Court – 3.851 Appeal

FSC #11-428

(Pending)

 

03/03/11            Appeal filed.

 

 

 

Death Warrant:

 

05/17/90          Warrant signed by Governor Martinez.

06/21/90          Florida Supreme Court granted stay of execution.

 

 

Clemency:

 

06/23/89          Hearing held (denied).

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

There are two sources of delay in this case.  First, Hildwin’s resentencing essentially began the appeals process anew.  Second, the defendant’s petition for a writ of habeas corpus was under consideration by the Florida Supreme Court for four and a half years before it was denied in 1995.

 

 

Case Information:

 

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

 

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

 

Governor Martinez signed a death warrant on 05/17/90, but the FSC filed a stay of execution on 06/21/90. 

 

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

 

A 3.850 Motion was filed with the circuit court on 10/24/90 and was denied on 06/23/93. 

 

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

 

A Petition for Writ of Certiorari was filed with the USSC on 08/11/95 and was denied on 11/06/95.

 

A second Direct Appeal was filed with the FSC on 01/08/97.  The FSC affirmed the conviction and sentence on 09/10/98. 

 

A Petition for Writ of Certiorari was filed with the USSC on 06/02/99 and was denied on 10/04/99.

 

A second 3.851 motion was filed with the circuit court on 01/07/00 and amended on 08/06/03.  On 05/03/04, the Circuit Court denied the 3.851 Motion. 

 

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 06/28/04.  On 12/14/06, the denial was affirmed. 

 

On 12/14/07, Hildwin filed a Petition for Writ of Habeas Corpus in the United States District Court. This petition is pending.

 

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

 

On 12/01/10, Hildwin filed a Successive 3.851 Motion with the State Court.  This motion was denied on 01/30/11.

 

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

 

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION 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.      

 

_____________________________________________________________________

 

Report Date:     06/06/01          tb

Approved:                                whs

Updated:          03/08/11         CAR