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. 

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 & MarieParmer – 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 Bellrestaurant where they worked, Michelle Van Ness and Derek Mason were approachedby Anthony Farina, 18, a former employee at that Taco Bell restaurant, and hisbrother, Jeffrey Farina, 16.  Both of the brothers wore gloves, andJeffrey Farina carried a .32-caliber pistol, while Anthony Farina carried a knifeand rope.  The Farinas forced Van Ness and Mason back into the restaurant,where the brothers rounded up two other employees.  Jeffrey held threeemployees at gunpoint while Anthony ordered Kimberly Gordon to open the safeand 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 thechest, and Van Ness in the head.  Jeffrey attempted to shoot Gordon, butwhen the gun misfired, he stabbed her in the back.  Van Ness died the nextday, but all of the other victims survived the attack.

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

Codefendant Information:

Anthony and Jeffrey Farina were tried together, convicted,and sentenced to death.  Both of their death sentences were overturned onDirect Appeal.  On Direct Appeal, after resentencing, Jeffrey’s deathsentence was reduced to life imprisonment due to his age (16) at the time ofthe 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 anOccupied Structure with Battery

                                   Count VII-X   Kidnapping

 CountXI         Conspiracy to CommitFirst-Degree Murder

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

 verdicts onCounts 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

 CountV          Burglary of an OccupiedStructure with Battery –

 LifeImprisonment

                                   Count VI         Kidnapping – LifeImprisonment

                                   Count XI         Conspiracy to CommitFirst-Degree Murder –

 LifeImprisonment

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

 new sentencinghearing

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 courtfor a new sentencing hearing

09/24/96         Rehearing denied

10/24/96         Mandate issued

Florida Supreme Court – Direct Appeal (afterresentencing)

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 HabeasCorpus

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 forWrit 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 ofSentence:

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

Case Information:

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

On 04/20/98, the resentencing jury recommended a deathsentence 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 Courton 05/21/98, citing twelve trial court errors, including claims of error injury selection, improper admission of evidence, unfounded aggravatingcircumstances, and the proportionality of the death sentence.  The FSC affirmedthe 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 on04/04/03 and amended the Motion on 11/13/03.  On 07/12/04, the CircuitCourt denied the Motion.

Farina filed a 3.851 Motion with the Florida Supreme Courton 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 on05/18/05, which was denied on 06/22/07.  On 06/29/07, Farina filed amotion for rehearing, which was denied on 7/10/07.

Farina filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 05/31/05, raising ineffective assistance of counselissues.  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 theU.S. District Court, Middle District, on 11/17/06 that is pending.

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

________________________________________________________________________

Report Date:  07/24/02          JFL

Approved:      07/25/02         WS     

Updated:        06/24/08          KLH