Ricardo Gonzalez

Background

Ricardo Gonzalez was indicted in the Eleventh Judicial Circuit, Dade County.

The offence

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.

People

• Ricardo Gonzalez — defendant
• Leonardo Franqui — codefendant
• Pablo San Martin — codefendant
• The security guard — killed during the robbery

Investigation

The case record included consideration of confessions of two codefendants.

Trial

Charges

02/14/92 — Ricardo Gonzalez was 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

Verdicts and penalty phase recommendations

06/02/94 — The jury returned guilty verdicts on all counts. 09/23/94 — The jury recommended a death sentence by a 7-5 vote.

10/11/94 — Sentencing occurred as follows:

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

Resentencing and jury recommendation

08/20/98 — The jury recommended a death sentence by a vote of 8-4. 09/18/98 — Ricardo Gonzalez was resentenced to death.

Codefendants

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 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 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.

Sentencing

10/11/94 — Ricardo Gonzalez was sentenced to death on Count I for First-Degree Murder, and sentenced to life imprisonment on Count II for Armed Robbery; Counts IV, VI, VII-IX were sentenced to 5 years each.

Appeals

Florida Supreme Court direct appeal and U.S. Supreme Court proceedings

12/14/94 — Gonzalez filed a Direct Appeal with the Florida Supreme Court, citing:

• 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
• disproportionate sentencing

The FSC affirmed the conviction, yet vacated the death sentence on 09/18/97.

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

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

Florida Supreme Court direct appeal after resentencing

10/20/98 — Gonzalez filed a Direct Appeal with the Florida Supreme Court, 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
• disproportionate sentencing

05/10/01 — The FSC affirmed the death sentence.

Postconviction proceedings and subsequent motion activity

07/19/02 — Gonzalez filed a shell 3.851 Motion with the Circuit Court. 08/13/02 — The Circuit Court granted the State’s motion to strike Gonzalez’s 3.851 Motion. 03/10/03 — Gonzalez filed an Amended 3.851 Motion. 01/06/04 — The Amended 3.851 Motion was denied. 02/16/04 — Gonzalez filed a 3.851 Motion Appeal with the Florida Supreme Court, which was pending before the court.

Other details

• Supreme Court of Florida opinion 84841 opinion SC94154 opinion SC04-225 was referenced in the case information.
• DC # 123763 was referenced in the case information.
• Date of birth was listed as 01/20/70.
• Sentencing Judge was listed as The Honorable Robert N. Scola, Jr.
• Attorney, Trial was listed as R. Diaz – Private Attorney.
• Direct Appeal was listed as William M. Norris – Private Attorney.
• Collateral Appeals were listed as Jeffrey Feiler – Registry.