DC#   123763
DOB:   01/20/70

Eleventh Judicial Circuit, Dade County Case # 92-2141 D
Sentencing Judge: The Honorable Robert N. Scola, Jr.
Attorney, Trial: R. Diaz – Private
Attorney, Direct Appeal:  William M. Norris – Private
Attorney, Collateral Appeals:  Jeffrey Feiler – Registry

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, Ricardo Gonzalez, along with codefendants Leonardo Franqui, Pablo San Martin, and two other associates, robbed the Kislak National Bank in North Miami, Florida.  During the robbery, a cash box was taken from one of the drive-thru tellers and a security guard was shot and killed during the robbery. 

Codefendant Information:

Leonardo Franqui was convicted and sentenced to death.  On 07/03/97, his convictions were affirmed by the FSC, but his death sentence was vacated, and the case was remanded to the trial court for a new penalty phase hearing.  Franqui was resentenced to death during the trial, which occurred during the week of 08/24 – 08/31/98.  His death sentence was affirmed by the FSC on 10/18/01.

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

Trial Summary: 

02/14/92          Indicted as follows:

Count I - First-Degree Murder
Count II - Armed Robbery
Count III-IV - Aggravated Assault
Count V - Possession of a Firearm During a Criminal Offense
Count VI - Grand Theft
Count VII - Burglary
Count VIII - Grand Theft
Count IX - Burglary

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

09/23/94          Jury recommended death sentence by a 7-5 vote.

10/11/94          Sentenced as follows:

Count I - First-Degree Murder – Death
Count II - Armed Robbery – Life imprisonment
Counts IV, VI, VII-IX - 5 years each

08/20/98          Jury recommended death sentence by a vote of 8-4

09/18/98          Resentenced to death.

Case Information:

Gonzalez filed a Direct Appeal with the Florida Supreme Court on 12/14/94, citing the following issues: court error in not allowing two jurors to be struck with defense peremptory challenges, permitting the confessions of two codefendants, denial of impartial penalty phase hearing, and disproportionate sentencing.  The FSC affirmed the conviction, yet vacated the death sentence on 09/18/97. 

Gonzalez filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/20/98 that was denied on 04/06/98.

The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/24/98 that was denied on 05/26/98.

Gonzalez was resentenced to death on 09/18/98.

Gonzalez filed a Direct Appeal with the Florida Supreme Court on 10/20/98, citing the following errors: improper use of harmless error by the FSC in the first direct appeal, improper doubling of aggravating circumstances, rejection of expert testimony for mitigating circumstances, allowing improper comments by the prosecutor during closing arguments, and disproportionate sentencing.  The FSC affirmed the death sentence on 05/10/01.

Gonzalez filed a shell 3.851 Motion with the Circuit Court on 07/19/02.  On 08/13/02, the Circuit Court granted the State’s motion to strike Gonzalez’s 3.851 Motion.  On 03/10/03, Gonzalez filed an Amended 3.851 Motion that was denied on 01/06/04.

Gonzalez filed a 3.851 Motion Appeal with the Florida Supreme Court on 02/16/04 that is pending before the court.

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