The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.
 

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
FranquiLeonardo 445903RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
5/10/2005FSC05-830 3.850 Appeal
4/21/2008FSC05-830Initial brief
3/12/2009FSC05-830Oral Arguments
7/16/2009FSC05-830CC denial reversed and remanded for new Evidentiary Hearing in the Circuit Court
11/16/2009FSC05-8303.203 Appeal
4/12/2010FSC05-830Initial Brief
5/4/2010FSC05-830Answer Brief
1/6/2011FSC05-8303.850 Denial affirmed
1/28/2011FSC05-830Motion for rehearing
4/11/2011FSC05-830Motion for rehearing denied
1/5/2006FSC06-36Habeas Corpus filed
5/3/2007FSC06-36Denied
9/26/2007FSC06-36Mandate
9/12/2007USDC07-22384Habeas petition
7/10/2008USDC07-22384Denied
2/7/2008USSC07-9882Certiorari petition
5/12/2008USSC07-9882Petition denied
11/17/2008USCA08-16389Habeas Appeal
12/15/2008USCA08-16389Denied
1/28/2010USCA08-16389Amended COA denied
10/4/2010USSC10-7627Petition for Writ of Certiorari filed
1/18/2011USSC10-7627Petition for Writ of Certiorari denied
11/29/2010CC92-21413.850 Motion filed
1/27/2011CC92-2141B3.850 Motion denied
2/24/2011CC92-2141BMotion for rehearing
3/15/2011CC92-2141BMotion for rehearing denied
9/17/2009CC92-6089BEvidentiary Hearing held

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
McClainMartin J.Wilton Manors, FL141 N.E. 30th St.33334-1064305/984-8344Email
ScherTodd G.Miami Beach, FL5600 Collins Ave., Apt. 15-B33140-2413305/861-9252Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
McClain92-2141-BAltonagaDadeSouth11/01/1002/04/11
Scher92-6089ScolaDadeSouth5/2/200511/6/2006

Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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. 

 

FRANQUI, Leonardo (W/M)

DC#    445903

DOB: 09/26/70

 

Eleventh Judicial Circuit, Dade County Case # 92-2141B

Sentencing Judge: The Honorable Rodolfo Sorondo,Jr.

Attorney, Trial: Eric Cohen – Private

Attorney, Direct Appeal: Eric Cohen – Private

Attorney, Collateral Appeals:  Martin McClain

 

Date of Offense:        01/03/92

Date of Sentence:       10/11/94

Date of Resentence:    09/18/98

 

Circumstances of Offense:

 

On 01/03/92, Leonardo Franqui,along with codefendants Ricardo Gonzalez, Pablo San Martin, and two otherassociates, robbed the Kislak National Bank in NorthMiami, Florida.  During the robbery, a cash box was taken from one of the drive-thrutellers and a security guard was shot and killed. 

 

On 01/18/92, Gonzalez was stopped by police and confessed tothe crime, also implicating Franqui in therobbery.  San Martin also confessed to the robbery.  Franqui was questioned by police on 01/18/92, wherein healso confessed to the crime. 

 

Trial Summary:

 

02/14/92         Indicted as follows:

                                  Count I           First-Degree Murder

                                  Count II          Armed Robbery

                                  Count III-IV   Aggravated Assault

                                   CountV          Possession of a FirearmDuring a Criminal Offense

                                   CountVI         Grand Theft

                                   CountVII       Burglary

                                   CountVIII      Grand Theft

                                   CountIX         Burglary

06/02/94         Jury returned guilty verdicts on all counts

09/23/94         Jury recommended death sentence by a 9-3 vote

10/11/94         Sentenced as follows:

                                  Count I                       First-Degree Murder – Death

                                  Count II                     Armed Robbery – Life Imprisonment

                                   Count IV,VI,VII-IX  5 years each

 

07/03/97         FSC vacated death sentence and remanded for resentencing

08/31/98         Jury recommended death sentence by a 10-2 vote

09/18/98         Resentenced to death

 

Codefendant Information:

 

Ricardo Gonzalez was convicted and sentenced to death. On 09/18/97, his convictions were affirmed by the FSC, but his death sentencewas vacated, and the case was remanded to the trial court for a new penaltyphase hearing.  Gonzalez was resentenced to death on 09/18/98. His deathsentence was affirmed by the FSC on 05/10/01.

 

Pablo San Martin was convicted and sentenced to death. The judge in the case overrode the jury recommendation of life imprisonment andsentenced San Martin to death.  On 06/11/98, his convictions were affirmedby the FSC, but his death sentence was vacated, and the trial court was orderedto sentence San Martin to life imprisonment. 

 

Prior Incarceration History in the State of Florida:

 

On 10/15/92, Franqui was sentencedto five year terms for the following crimes committed on 11/29/91 (Case Number92-6346): Aggravated Assault With a Weapon, AttemptedArmed Robbery, and Grand Theft.  Also on 10/15/92, Franquiwas sentenced to twenty-two year terms for the following crimes committed on01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.

 

On 11/23/93, Franqui was sentencedfor the following crimes committed on 12/06/91 (Case Number 92-6089B):First-Degree Murder (Death), Attempted First-Degree Murder (2 terms of LifeImprisonment), Attempted Armed Robbery (15 years), Grand Theft

(2 terms of 5 years), Unlawful Possession of a Firearm in aCrime (5 years)

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 84,701

699 So. 2d 1332

 

11/14/94         Appeal filed

07/03/97         FSC affirmed convictions, but vacated death sentence

10/07/97         Rehearing denied

11/06/97         Mandate issued

 

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

USSC# 97-7857

523 U.S. 1097

 

01/05/98         Petition filed

04/27/98         USSC denied Petition

 

U.S. Supreme Court – Petition for Writ of Certiorari(filed by State)

USSC# 97-1202

523 U.S. 1040

 

01/16/98         Petition filed

03/23/98         USSC denied Petition

 

Florida Supreme Court – Direct Appeal (afterresentencing)

FSC# 94,269

804 So. 2d 1185

 

11/09/98         Appeal filed

10/18/01         FSC affirmed convictions and sentences

01/08/02         Rehearing denied and Mandate issued

 

Circuit Court – 3.851 Motion

CC# 92-2141B

 

01/08/03         Shell Motion filed

04/17/03         Motion supplemented

11/09/04         CC denied Motion

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 04-2380

965 So.2d 22

 

12/21/04         Appeal filed

05/03/07         FSC affirmed denial of motion

09/26/07         Mandate issued       

 

   

 Florida Supreme Court – Petition for Writ ofHabeas Corpus

FSC# 06-36

965 So.2d 22

 

01/05/06         Petition filed

05/03/07         FSC denied petition

09/26/07         Mandate issued

 

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

USDC #07-cv-22384

 

09/12/07         Petition filed

07/10/08         Petition denied

 

United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 08-16389

 

11/17/08         Appeal filed

12/15/08         COA denied

01/28/10         Amended COA denied 

 

United States Supreme Court − Petition for Writof Certiorari

USSC #07-9882

128 S. Ct. 2443

 

02/07/08         Petition filed

05/12/08         Petition denied

 

United States Supreme Court − Petition for Writof Certiorari

USSC # 10-7627

 

10/04/10          Petitionfiled

01/18/10          Petitiondenied

 

Circuit Court – 3.851 Motion

CC# 92-2141B

(Pending)

 

11/29/10          Motionfiled

01/27/11          Motiondenied

02/24/11          Motionfor rehearing

03/15/11          Motiondenied

 

 

Factors Contributing to the Delay in Imposition ofSentence:

 

Franqui’s original death sentencewas vacated by the FSC and he was resentenced to death on 09/18/98.

 

Case Information:

 

On 11/14/94, Franqui filed aDirect Appeal with the Florida Supreme Court, citing the following errors:denial of peremptory challenges of jurors; granting the State’s peremptorychallenge of a juror; denial of severance motion; admission of State comments;and sentencing Franqui to death.  On 07/03/97,the FSC affirmed the convictions, but vacated the death sentence and ordered Franqui to be resentenced, finding that Franquiwas not allowed to confront Gonzalez about his confession. 

 

On 01/05/98, Franqui filed aPetition for Writ of Certiorari with the U.S. Supreme Court that was denied on04/27/98. 

 

On 01/16/98, the State filed a Petition for Writ ofCertiorari with the U.S. Supreme Court that was denied on 03/23/98.

 

At Franqui’s resentencing, thejury recommended the death sentence by a vote of

10-2 on 08/31/98 and he wasresentenced to death on 09/18/98.

 

On 11/09/98, Franqui filed aDirect Appeal with the Florida Supreme Court, citing the followingerrors:  excusing two jurors for cause; improper jury instructions regardingaggravating and mitigating circumstances; overruling defense objections to theState’s closing argument; refusal to instruct the jury that it could considerthe life sentences given to codefendants as mitigating evidence; failure tofind and weigh all mitigating circumstances; and disproportionate punishmentcompared to other cases.  On 10/18/01, the FSC affirmed the deathsentence. 

 

On 01/08/03, Franqui filed a shell3.850 Motion with the Circuit Court that was supplemented on 04/17/03.  On11/09/04, the Motion was denied by the Circuit Court.    

 

On 12/21/04, Franqui filed a 3.851Motion Appeal with the Florida Supreme Court.  On 05/03/07, the FSCaffirmed the denial of the motion.  A mandate was issued on 09/26/07.

 

On 01/05/06, Franqui filed aPetition for Writ of Habeas Corpus with the Florida Supreme Court that wasdenied on 05/03/07.  A mandate was issued on 09/26/07.

 

Franqui filed a Petition for Writof Habeas Corpus in the United States District Court, Southern District on09/12/07 that was denied on 07/10/08. On 11/17/08, Franquifiled a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit.The Certificate of Appealability was denied on12/15/08. An Amended Certificate of Appealability wasdenied on 01/28/10.

 

On 10/04/10, Franqui filed aPetition for Writ of Certiorari with the U.S. Supreme Court. That petition wasdenied on 01/18/11.

 

On 11/29/10, Franqui filed a 3.850Motion with the Circuit Court. That motion was denied on 01/27/11. On 02/24/11,Franqui filed a motion for rehearing. That motion wasdenied on 03/15/11.

 

 

FRANQUI, Leonardo (W/M)

DC#    445903

DOB: 09/26/70

 

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

Sentencing Judge: The Honorable Rodolfo Sorondo,Jr.

Attorney, Trial: Eric Cohen – Private

Attorney, Direct Appeal: Eric Cohen – Private

Attorney, Collateral Appeals:  Todd Scher– Registry

 

Date of Offense:        12/06/91         

Date of Sentence:       11/23/93

 

Circumstances of Offense:

 

On 12/06/91, Danilo Cabanas, Sr., Danilo Cabanas, Jr., and Raul Lopez went to pick up $25,000in cash from the bank for the check-cashing business owned by the Cabanasfamily.  The men left the bank in two cars with Cabanas Sr. and Jr. ridingin the first car and Lopez following in a truck.  On the PalmettoExpressway, the three men were boxed in by two Chevrolet Suburbansat a stoplight.  Leonardo Franqui, Pablo SanMartin, and Pablo Abreu exited the Suburbans, and San Martin told the victims not tomove.  The men in the Suburbans fled the sceneafter an exchange of gunfire.  Lopez was then found to have been shot inthe chest and was taken to the hospital, but he died shortly after arriving atthe 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.

 

Leonardo Franqui also confessed tothe crime.  The events of the crime described by Franquiwere very similar to the confession of Pablo San Martin.  Franqui admitted to carrying a .357 revolver, and an expertwas able to determine that the bullet that killed Lopez came from a .357revolver.

 

Codefendant Information:

 

Pablo Abreu entered into a pleaagreement with the State and testified against Franquiduring the penalty phase of trial.  Abreureceived one life sentence for the crime of First-Degree Murder, two lifesentences for the two counts of Attempted First-Degree Murder, two 15-yearsentences for Attempted Armed Robbery and Unlawful Possession of a Firearm, andtwo five-year sentences for the two counts of Grand Theft.

 

San Martin was convicted on all counts of the indictment andwas sentenced to death for  the crime of First-Degree Murder, two lifesentences for the two counts of Attempted First-Degree Murder, two 15-yearsentences for Attempted Armed Robbery and Unlawful Possession of a Firearm, andtwo five-year sentences for the two counts of Grand Theft.

 

Prior Incarceration History in the State of Florida:

 

On 10/15/92, Franqui was sentencedto five year terms for the following crimes committed on 11/29/91 (Case Number92-6346): Aggravated Assault With a Weapon, AttemptedArmed Robbery, and Grand Theft.  Also on 10/15/92, Franquiwas sentenced to twenty-two year terms for the following crimes committed on01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.

 

On 10/11/94, Franqui was sentencedfor the following crimes committed on 01/03/92 (Case Number 92-2141B): FirstDegree Murder (Death), Armed Robbery (Life Imprisonment), Aggravated Assault,Burglary, Grand Theft (5 terms of 5 years).

 

Trial Summary:

 

02/08/92         Indicted as follows:

                                  Count I           First-Degree Murder

                                  CountII          Attempted First-DegreeMurder

                                   CountIII         Attempted First-DegreeMurder

                                  Count IV         Attempted ArmedRobbery

                                  Count V          Grand Theft

                                  CountVI         Grand Theft

CountVII       Unlawful Possession of a Firearm WhileEngaged in

a Criminal Offense

09/24/93         Jury returned guilty verdicts on all counts of the indictment

11/04/93         Jury recommended a death sentence by a vote of 9-3

11/23/93         Sentenced as follows:

                                   Count I           First-Degree Murder – Death

                                  Count II          AttemptedFirst-Degree Murder – Life

Imprisonment

CountIII         Attempted First-DegreeMurder – Life

Imprisonment

                                  Count IV         Attempted ArmedRobbery – 15 years

                                  CountV          Grand Theft –            5 years

                                   CountVI         Grand Theft –            5 years

                                  Count VII       Unlawful Possession of a FirearmWhile Engaged

                                                           in a Criminal Offense – 5 years

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 83,116

699 So. 2d 1312

 

01/28/94         Appeal filed

06/26/97         FSC affirmed convictions and sentences

10/07/97         Rehearing denied

11/06/97         Mandate issued

 

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

USSC# 97-7856

523 U.S. 1097

 

12/31/97         Petition filed

04/27/98         USSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 92-6089B

 

01/15/99         Motion filed

04/18/00         Motion amended

03/31/05         CC denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-830

14 So.3d 238

(Pending)

 

05/10/05         Appeal filed

01/06/11            Denial affirmed

01/28/11            Motion for rehearing

04/11/11            Motion denied

 

Circuit Court – 3.203 Motion(On Remand)

CC# 92-6089B

 

07/16/09         Relinquishment started

09/14/09         Evidentiary Hearing held

09/22/09         CC denied Motion

 

Florida Supreme Court – 3.203 Motion Appeal

FSC# 05-830

 

11/16/09         Appeal filed

01/06/11            Denial affirmed

 

 

Factors Contributing to the Delay in Imposition ofSentence:

 

Franqui’s Direct Appeal waspending from 01/28/94 – 06/26/97, and the 3.850 Motion was pending from01/15/99 – 03/31/05.

 

Case Information:

 

On 01/28/94, Franqui filed aDirect Appeal with the Florida Supreme Court, citing the following trial courterrors: State’s failure to prove the case independent of Franqui’sconfession; admission of San Martin’s confession; errors in the jury selectionprocess; finding Franqui guilty of a crime that waslater removed from the law (Attempted Felony Murder); improper finding andvagueness of the cold, calculated, and premeditated murder aggravatingcircumstance; failure to find certain statutory and non-statutory mitigatingcircumstances; failure to allow certain jury instructions; unconstitutionalityof the death penalty; and disproportionate punishment compared to other cases. On 06/26/97, the FSC affirmed the convictions and sentences. 

 

On 12/31/97, Franqui filed aPetition for Writ of Certiorari with the U.S. Supreme Court that was denied on04/27/98. 

 

On 01/15/99, Franqui filed a 3.850Motion with the Circuit Court and amended it on 04/18/00.  On 03/31/05,the Circuit Court denied the Motion.

 

On 05/10/05, Franqui filed a 3.850Motion Appeal with the Florida Supreme Court. That petition was denied on01/06/11.

 

On 09/14/09, an evidentiary hearing was held in the CircuitCourt. The Circuit Court denied the 3.203 motion on 09/22/09.

 

On 11/16/09, Franqui filed a 3.203Motion Appeal with the Florida Supreme Court. On 01/06/11, the Florida SupremeCourt affirmed the denial of Franqui’s 3.203 motion.

 

On 01/28/11, Franqui filed amotion for rehearing with the Florida Supreme Court. That motion was denied on04/11/11. 

Institutional Adjustment:

 

THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                    

DATE    DAYS                  VIOLATION                                    LOCATION      

 

06/12/96     0                     FIGHTING                                        UNION C.I.-MED.FAC.

04/15/05    30                    POSS OFCONTRABAND                FLORIDA STATE PRISON

 

 

________________________________________________________________________


Report Date:  07/17/02          JFL

Approved:      07/22/02          WS

Updated:        04/13/11          JJK