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. 

Franklin, Quawn (B/M)

DC#    268130

DOB: 04/11/1977

Fifth Judicial Circuit, Lake County Case # 02-00217

Sentencing Judge: The Honorable Mark J. Hill

Attorney, Trial: William Stone, Private

Attorney, Direct Appeal: Mark Nacke and William Grossenbach– Assistant Public Defenders

Attorney, Collateral Appeals:  Maria Perinetti – CCRC-M

Date of Offense: 12/29/01

Date of Sentence: 06/03/04

Circumstances of Offense:

While Franklin was serving a ten-year sentence for robbery,he was granted a conditional release on October 1, 2001.  About 2 monthslater, on December 18, 2001, Franklin initiated a ten-day crime spree thatbegan with the kidnapping and killing of pizza delivery man John Horan. On December 27 or 28, Franklin and the Pamela McCoy robbed and assaulted AliceJohnson in her home.  Franklin stole her car and drove it from Leesburg toSt. Petersburg to visit family.  Upon returning to Leesburg, he stopped atthe Elberta Crate and Box Factory and asked for directions from the securityguard, Jerry Lawley. 

On December 29, Franklin returned to the factory and againencountered Lawley.  Franklin forced Lawley out of his car onto his kneesand shot him once in the back.  Franklin searched Lawley’s pockets and carbut did not find anything of value, so he fled to St. Petersburg. 

Lawley managed to get help from a company truck driver,Edward Ellis, who was on the company’s grounds.  Lawley told Ellis that hehad been shot by a tall black male wearing a knit cap and driving a newer modelblue car.  Ellis called 911 and gave this information to the respondingofficer.

In St. Petersburg, on December 30, a police officer cameupon a late model blue Toyota Camry where Franklin--who was wearing gloves--andMcCoy were sleeping.  Upon searching the car, the officer found a revolverand a black knit cap.  Franklin admitted to shooting Lawley because he“wanted to.” 

While waiting for trial, Franklin contacted a newspaperreporter and made incriminating statements about his involvement in Lawley’smurder.  These statements, along with ballistic evidence linking therevolver found under Franklin’s seat to the bullet that tore through Lawley’s body,were used to convict Franklin of first-degree murder and attempted robbery.

Codefendant Information:

Pamela McCoy, 13 years old at the time of her crime, wassentenced to 35 years for attempted armed robbery and principal tosecond-degree murder.  This crime occurred during Franklin’s ten-day crimespree in Lake County.

Additional Information:

Franklin was raised by Minnie Thomas in Leesburg, but wasforcibly removed from her home by his biological mother at the age ofeight.  He made several failed attempts to return to Leesburg, but waseventually committed to various juvenile facilities by the age of nine. Franklin claims he suffered abuse from older boys at the facility and wasimprisoned in an adult prison at age 15.

Prior Incarceration History in the State of Florida:

Trial Summary:

09/10/02         Indicted as follows:

                                   Count I:           Attempted armed robbery

                                   Count II:           Murder inthe first degree

04/24/04         Jury returned guilty verdicts on all counts of the indictment

04/26/04         Jury recommended death by a vote of 12-0

06/03/07         Sentenced as follows:

                                   Count I:           Attempted armed robbery – Life imprisonment

                                   Count II:           Murder inthe first degree – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 04-1267

965 So.2d 79

06/25/04         Appeal filed

06/21/07         Appeal denied

09/26/07         Mandate issued

Circuit Court – 3.851 Motion

CC# 02-217

(Pending)

11/14/08          Motion filed

08/02/10          Motion amended

Factors Contributing to the Delay in Imposition ofSentence:

Thus far, completion of the Direct Appeal occurred within anacceptable timetable.

Case Information:

Upon imposition of the death sentence, Franklin filed aDirect Appeal with the Florida Supreme Court on 06/25/07.  This appealraised the following issues: (1) admission of hearsay evidence at the penalty phase,(2) admission of portions of a taped interview with a newspaper reporter, (3)admission of hearsay statements made by the victim at the guilt phase, (4)refusal to accept Franklin’s stipulation to his prior crimes in lieu oftestimony, (5) improper victim impact statements, (6) CCP aggravator not found,(7) pecuniary gain aggravator not found, and (8) Ring violations.  ThisDirect Appeal was denied on 06/21/07, and a mandate was issued on 09/26/07.

Franklin filed a 3.851 Motion in the Circuit Court on11/14/08. This motion is pending.

________________________________________________________________________

Report Date:   10/09/07          MCL

Approved:       RM

Updated:         08/16/10          KKR