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.

SAN MARTIN, Pablo (W/M)

DC#     445904

DOB:   07/23/67

­­­­Eleventh Judicial Circuit, Dade County, Case #92-6089-C

Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.

Attorney, Trial: Fernando C. De Aguero – Special PublicDefender

Attorney, Direct Appeal: Lee Weissenborn

Attorney, Collateral Appeals:  Gustavo Garcia-Montes –Registry

Date of Offense: 12/06/91

Date of Sentence: 11/24/93

Circumstances of Offense:

Pablo San Martin was convicted and sentenced to death forthe murder of Raul Lopez.

On 12/06/91, Danilo Cabanas, Sr., Danilo Cabanas, Jr., andRaul Lopez went to pick up $25,000 in cash from the bank for the check-cashingbusiness owned by the Cabanas family.  The men left the bank in two carswith Cabanas Sr. and Jr. riding in the first car and Lopez following in atruck.  On the Palmetto Expressway, the three men were “boxed in” by twoSuburbans at a stoplight.  San Martin, and co-defendants, Pablo Abreu andLeonardo Franqui exited the Suburbans, and San Martin told the victims not tomove.  The men in the Suburbans fled the scene after an exchange ofgunfire.  Lopez was then found to have been shot in the chest and wastaken to the hospital, but he died shortly after arriving at the 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.

The confession of Leonardo Franqui also was admitted. The events of the crime described by Franqui were very similar to theconfession of Pablo San Martin.  Franqui admitted to carrying a .357revolver, and an expert was able to determine that the bullet that killed Lopezcame from a .357 revolver.

Additional Information:

Dade County Circuit Court #92-6346

On 11/29/91, Pablo San Martin, the defendant, and anunidentified co-defendant approached Pedro R. Santos, the victim, as he walkedfrom the main building to the drive-through teller area of the RepublicNational Bank.  Santos worked as a security guard at the bank.  Thedefendants told him to drop the moneybag that he was carrying or they wouldkill him.  Before Santos was able to follow their order, one of thedefendants started to shoot at him but did not actually wound Santos. Santos returned fire, and the defendants returned to their car and droveaway.  On 07/08/92, San Martin was found guilty of the counts listedwithin the indictment.  San Martin was sentenced to 27 years for AttemptedFirst-Degree Murder, 15 years for Attempted Robbery with a Firearm, and fiveyears for Grand Theft of a Motor Vehicle.

Dade County Circuit Court #92-2141

One 01/03/92, Pablo San Martin, the defendant, LeonardoFranqui, Ricardo Gonzalez, and Fernando Fernandez, the co-defendants robbed theKislak National Bank in North Miami.  Steven Bauer, a police officer, wasshot to death during the incident.  San Martin was sentenced to fivesentences, of five years each, for Robbery with a Deadly Weapon, and AggravatedAssault, two counts Grand Theft Motor Vehicle, and Burglary or Attempt of anUnoccupied Structure.  On 10/11/94, the jury found San Martin guilty ofthe seven offenses listed within the indictment.  The jury convicted SanMartin of First-Degree Murder of a Law Enforcement Officer and recommended lifeduring advisory sentencing.  The judge did not follow the jury’srecommendation and sentenced San Martin to death.  On 06/11/98, theFlorida Supreme Court affirmed the conviction, but vacated the death sentenceand imposed a life sentence without possibility of parole because the FloridaSupreme Court found error in the judge’s actions during sentencing,particularly that he overruled the jury’s advisory sentence when it was notunreasonable (717 So. 2d 462).

Codefendant Information:

Pablo Abreu (Dade County Circuit # 92-6089)

Pablo Abreu was convicted of seven counts for hisinvolvement in the crimes that occurred on 12/06/91.  Abreu was sentencedon 07/02/93.  He received one life sentence for the crime of First-DegreeMurder during the Commission of a Felony.  Abreu received two lifesentences for the two counts of Attempted First-Degree Murder during theCommission of a Felony.  He received two 15-year sentences for AttemptedRobbery with a Deadly Weapon and Threatening to Use A Firearm.  Abreureceived two five-year sentences for the two counts of Grand Theft MotorVehicle.

Leonardo Franqui (Dade County Circuit # 92-6089)

Leonardo Franqui was convicted of six counts for hisinvolvement in the crimes that occurred on 12/06/91.  Franqui wassentenced on 11/24/93.  Franqui received two life sentences for the twocounts of Attempted First-Degree Murder during the Commission of aFelony.  He received two 15-year sentences for Attempted Robbery with aDeadly Weapon and Threatening to Use A Firearm.  Franqui received twofive-year sentences for the two counts of Grand Theft Motor Vehicle.

Trial Summary:

02/18/92         San Martin was indicted on the following counts:

                                   Count I:          First-Degree Murder

                                   Count II:         AttemptedFirst-Degree Murder with a Firearm

                                   Count III:        Attempted First-DegreeMurder with a Firearm

                                   Count IV:        Attempted Robbery with aFirearm

                                   Count V:         Third-Degree GrandTheft Motor Vehicle

                                   Count VI:        Third-Degree Grand TheftMotor Vehicle

CountVII:      Unlawful Possession of a Firearm whileEngaged in a Criminal Offense

07/24/93         The jury returned guilty verdicts for each count of the indictment.

11/04/93         Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the deathpenalty.

11/23/93         San Martin was sentenced as follows:

                                    CountI:           First-DegreeMurder Death

CountII:         Attempted First-DegreeMurder with a Firearm Life

CountIII:        Attempted First-Degree Murderwith a Firearm Life

CountIV:        Attempted Robbery with a Firearm15 years, less 680 days for time served

CountV:         Third-Degree Grand TheftMotor Vehicle 5 years, less 680 days for time served

CountVI:        Third-Degree Grand Theft MotorVehicle 5 years, less 680 days for time served

CountVII:      Unlawful Possession of a Firearm whileEngaged in a Criminal Offense 15 years, less 680 days for time served

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #83,611

705 So. 2d 1337

04/27/94         Appeal filed.

12/24/97         FSC affirmed the conviction and sentence.

02/23/98         Rehearing denied.

03/25/98         Mandate issued.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #97-9227

525 U.S. 841

05/26/98         Petition filed.

10/05/98         USSC denied the petition.

Circuit Court – 3.850 Motion

CC #92-6089-C

10/04/99         Motion filed.

04/17/00         Amended motion filed.

03/20/02         Amended motion filed.

12/01/03         Amended motion filed.

03/31/05         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC# 05-831

995 So.2d 247

05/10/05         Appeal filed.

08/28/08         FSC affirmed denial of motion.

09/11/08         Motion for Rehearing filed.

11/17/08         Rehearing denied.

12/03/08         Mandate entered.

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

USDC# 08-23487

12/18/08         Petition filed

08/14/09         Petition denied

United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-14311

08/20/09         Appeal filed

02/23/11            Denial of Habeas Petition affirmed

Factors Contributing to the Delay in Execution ofSentence:

The Direct Appeal took three years to be decided.

Case Information:

Pablo San Martin filed his Direct Appeal in the FloridaSupreme Court on 04/27/94.  He raised a number of issues on DirectAppeal.  The issues included that San Martin was not allowed anindividual-sequestered voir dire of the prospective jurors, that the trials ofSan Martin and Franqui were not severed, and that statements made by San Martinand Franqui were allowed as evidence.  Other issues addressed were thatthe evidence did not support a First-Degree Murder conviction, that the jurywas instructed on finding cold, calculated, premeditated aggravating factorsand found such factors, and that the jury was not informed about theapplicability of mitigating factors.  San Martin also addressed the issuesof the death penalty statute being unconstitutional and that it shifts theburden from the state to the defendant.  The Florida Supreme Court did notfind errors that warranted reversing the conviction or sentence and affirmedthe conviction and sentence on 12/24/97.  Rehearing was denied on 02/23/98. A Mandate was issued on 03/25/98.

On 05/26/98, San Martin filed a Petition for Writ ofCertiorari in the United States Supreme Court.  On 10/05/98, the UnitedStates Supreme Court denied the petition.

San Martin filed a 3.850 Motion in the Circuit Court on10/04/99.  The Assistant State Attorney prosecuting the case in Miami-DadeCounty was subsequently elected as a circuit court judge.  The judgerecused herself and transferred the case to Broward County.  Amendedmotions to vacate judgment and sentence were filed on 04/17/00, 03/20/02, and12/01/03.  On 03/31/05, the motion was denied.

On 05/10/05, San Martin filed a 3.850 Appeal in the FloridaSupreme Court.  The Florida Supreme Court affirmed the Circuit Court’sdisposition on 08/28/08.  On 09/11/08, San Martin filed a Motion forRehearing, which was denied 11/17/08.  On 12/03/08, the Florida SupremeCourt entered a mandate in this case.

On 12/18/08, San Martin filed a Petition for Writ of HabeasCorpus in the United States District Court, Southern District.  Thispetition was denied on 08/14/09.

San Martin filed a Habeas Corpus Appeal in the United StatesCourt of Appeals on 08/20/09. The USCA affirmed the denial of the HabeasPetition on 02/23/11.

Institutional Adjustment:

DATE            DAYS            VIOLATION                                    LOCATION     

--------             ----                  ----------------------------            -------------------

08/14/95         0                     TRAFFICKING IN DRUGS                       UNION C. I.       

______________________________________________________________

Report Date:    01/02/02        SQ

Approved:       02/12/02         WS

Updated:         03/08/11         EMJ