Antonio Melton

Case details

Antonio Melton was sentenced to death on May 19, 1992. He was born on 12/29/72. His case was in the First Judicial Circuit, Escambia County, Case# 91-373-D.

Timeline

• 01/23/1991 — Antonio Melton and his friend, Bendleon Lewis, entered George Carter’s pawnshop in Pensacola.
• 02/05/92 — Melton was indicted as follows: Count I: First-Degree Murder; Count II: Robbery with Firearm.
• 02/05/92 — The jury returned guilty verdicts on all counts of the indictment and recommended death by a vote 8-4.
• 05/19/1992 — Melton was sentenced: Count I (First Degree Murder) — Death; Count II (Robbery with Firearm) — Life.
• 06/01/92 — Melton’s direct appeal was filed to the Florida Supreme Court.
• 05/12/94 — The Florida Supreme Court affirmed Melton’s conviction and sentence.
• 09/02/94 — Melton’s attorney filed a petition for Writ of Certiorari to the United States Supreme Court.
• 10/31/94 — The petition for Writ of Certiorari was denied.
• 01/14/96 — Melton filed a 3.850 Motion to the Circuit Court.
• 10/18/01 — A Huff hearing was held.
• 10/22/01 — The Circuit Court judge issued an order granting an evidentiary hearing.
• 03/24/04 — The 3.850 motion was denied.
• 08/26/04 — Melton filed a 3.850 Appeal to the Florida Supreme Court.
• 08/15/05 — Melton filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 02/28/06 — Melton filed a 3.851 successive Motion to the Circuit Court.
• May 19, 1992 — Sentencing judge: The Honorable William Anderson.

Background

Melton was indicted for first-degree murder and robbery with firearm.

The offence

Antonio Lebaron Melton and his friend, Bendleon Lewis, entered George Carter’s pawnshop in Pensacola on 01/23/91. According to Lewis—who was granted immunity by the State to testify against Melton—Melton and Lewis pretended to be interested in pawning a necklace. When Carter weighed the necklace, Melton pulled a .38-caliber gun from his pants and focused it on Carter while Lewis robbed the store.

As Lewis was unlocking the door to leave, he heard a gunshot.

According to Melton, while Lewis was talking to Carter about the necklace, Melton put on surgical gloves and reached for a ring. Carter observed this and reached for a gun that he had. Lewis grabbed Carter’s hands while Melton pulled out his own gun. Melton then proceeded to take Carter’s gun.

Melton stated that Carter rushed him then fell and hit his head. Melton then told Carter to remain still, but Carter reached for Melton’s hand that held the gun. The two struggled for the weapon, which resulted in Carter being fatally shot in the head.

Despite the conflicting stories, the undisputed fact was that Melton held the gun that fired the shot that ultimately killed Carter.

Investigation / evidence at trial

Lewis testified for the State after being granted immunity.

Arrest

No separate arrest date or details were provided.

Trial

On 02/05/92, Melton was indicted on:

• Count I: First-Degree Murder
• Count II: Robbery with Firearm

On 02/05/92, the jury returned guilty verdicts on all counts of the indictment and recommended death by a vote 8-4.

Trial Summary included:

• 02/05/92 — Indicted as follows: Count I: First-Degree Murder; Count II: Robbery with Firearm.
• 02/05/92 — Jury returned guilty verdicts on all counts of the indictment and recommended death by a vote 8-4.

Prosecution and defence counsel information was listed as:

• Sentencing Judge: The Honorable William Anderson
• Attorney, Trial: Samuel H. Hall – Assistant Public Defender
• Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
• Attorney, Collateral Appeals: D. Todd Doss

Sentencing

On 05/19/92, Melton was sentenced as follows:

• Count I: First Degree Murder — Death
• Count II: Robbery with Firearm — Life

Appeals

Melton’s direct appeal was filed to the Florida Supreme Court on 06/01/92. The Court affirmed Melton’s conviction and sentence on 05/12/94. Melton raised four issues on direct appeal. The main issue was that several improper comments made by the prosecutor to the jury justified a mistrial. None of the issues were found to have merit by the Court.

Within the same year of the Florida Supreme Court’s ruling, Melton’s attorney filed a petition for Writ of Certiorari on 09/02/94 to the United States Supreme Court. The petition was denied on 10/31/94.

Melton filed a 3.850 Motion on 1/14/96 to the Circuit Court. The motion was pending for over eight years. A Huff hearing was held on 10/18/01. On 10/22/01, the Circuit Court judge issued an order granting an evidentiary hearing. On 03/24/04, the motion was denied.

On 08/26/04, Melton filed a 3.850 Appeal to the Florida Supreme Court, which was described as pending. On 08/15/05, Melton filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was also described as pending. On 02/28/06, Melton filed a 3.851 successive Motion to the Circuit Court, described as pending.

Codefendant information

The codefendant was Bendleon Lewis (DC# 220262).

Lewis was acquitted on the armed robbery conviction (CC# 91-373). Lewis was instead convicted of second-degree murder and sentenced to 20 years. Lewis was described as currently serving his sentence under community supervision.

Outcome / status

Melton was sentenced to death on May 19, 1992.

Other details

Florida Supreme Court opinion information was listed as: Florida Supreme Court opinion 79959 opinion SC 05-1423 DC# 217358. The sentencing judge was The Honorable William Anderson. The record listed a Registry date of offense of 01/23/1991.