Robert Lester Patton

Defendant

Robert Lester Patton

Background

Robert Lester Patton previously had been adjudicated not guilty by reason of insanity on a charge of receiving stolen property and was involuntarily committed to the Department of Health and Rehabilitative Services for treatment in 1978.

The offence

On 09/02/81, Robert Lester Patton was driving a stolen car. A Miami police officer stopped the car because Patton was driving the wrong way on a one-way street. Patton abandoned the car and fled the scene on foot. The officer pursued Patton on foot down an alley. A witness testified that Patton hid in the alley, waited for the officer to approach, and then shot him. Other witnesses testified that they heard gunshots.

Patton then stole another car at gunpoint and drove away. The officer was shot twice. The first bullet pierced his heart, killing him instantly. The other bullet penetrated the officer’s foot indicating that he had been shot after he was dead and lying on the ground.

Patton was arrested on 09/02/81.

On 09/04/81, the police obtained a search warrant to search Patton’s grandmother’s home. The gun, used to shoot the officer, was found beneath a heating grate.

Investigation

A Miami police officer stopped the stolen car on 09/02/81 because Patton was driving the wrong way on a one-way street. After Patton abandoned the car and fled on foot, the officer pursued him on foot down an alley. Gun evidence was recovered after a search warrant was obtained on 09/04/81 for Patton’s grandmother’s home.

Arrest

Patton was arrested on 09/02/81.

Trial

On 09/02/81, Patton was indicted on:

• Count I: Grand Theft, Second-Degree
• Count II: First-Degree Murder
• Count III: Armed Robbery

On 10/09/81, a competency hearing was held. The defendant was found competent to stand trial. The trial court arraigned the defendant, who stood mute, and entered a plea of not guilty on his behalf.

On 02/22/82, the jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 7-5.

On 03/29/82, the jury recommended death by a vote of 7-5 and the court sentenced Patton:

• Count I: Grand Theft, Second-Degree — 5 Years
• Count II: First-Degree Murder — Death
• Count III: Armed Robbery — 110 years to run consecutive to Count II

On 06/11/85, an order vacating sentence was issued and remanded to Circuit Court for resentencing.

On 05/15/89, the jury recommended death by a vote of 11-1. Patton was resentenced to death.

Sentencing

Original sentencing

• 03/29/82: Count I (Grand Theft, Second-Degree) — 5 Years; Count II (First-Degree Murder) — Death; Count III (Armed Robbery) — 110 years to run consecutive to Count II

Resentencing

• 05/15/89: Patton was resentenced to death after the jury recommended death by a vote of 11-1

Appeals

Patton filed a Direct Appeal to the Florida Supreme Court on 04/01/82. The Court affirmed all of the convictions. The sentences for armed robbery and grand theft were affirmed, but the sentence of death was vacated. This decision was based on the fact that at the end of the penalty phase, the jury indicated that it was deadlocked regarding the sentence. The judge instructed the jurors to deliberate further and they eventually returned with a death recommendation. The rehearing was denied on 04/18/85 and the mandate was issued on 06/03/85.

Patton filed a petition for Writ of Certiorari to the United States Supreme Court on 06/08/85. The petition was denied on 10/07/85.

Patton filed a Petition for Writ of Habeas Corpus to the United States District Court (USDC), Southern District on 04/28/87. The Habeas was denied on 02/04/88. An appeal of this denial was filed in the United States Court of Appeals (USCA), 11th District on 02/16/88. The USCA affirmed the USDC’s denial of the Habeas on 01/13/89. A mandate was issued on 05/26/89.

On 06/11/85, the Florida Supreme Court issued an order vacating Patton’s death sentence and remanded the case to the Circuit Court for resentencing.

After resentencing, Patton filed a Direct Appeal to the Florida Supreme Court on 06/01/89. Patton raised seven issues in the appeal. One issue referred to the unconstitutionality of Florida’s death penalty, which the Court found without merit. Another issue referred to the jury instructions, which the Court found again without merit. The remaining issues constituted no error or without merit. The Court affirmed Patton’s death sentence on 03/12/92. The rehearing was denied on 06/10/92 and the mandate was issued on 07/09/92.

Patton filed a Petition for Writ of Certiorari to the United States Supreme Court on 10/21/92, which was denied on 04/05/93.

Patton filed a 3.850 Motion to the Circuit Court on 06/08/94, which was denied on 09/26/96.

Patton filed a 3.850 Appeal to the Florida Supreme Court on 01/10/97. On 09/28/00, the Court remanded the case to the Circuit Court for an evidentiary hearing to further investigate the claim of ineffective counsel due to the fact that defense counsel failed to raise an intoxication or insanity defense in light of Patton’s history. He was denied relief after the evidentiary hearing was held. The rehearing was denied on 12/22/00 and the mandate was issued 01/22/01.

Patton filed another 3.850 Appeal to the Florida Supreme Court on 02/25/02. On 05/20/04, the Court affirmed the trial court’s denial of Patton’s 3.850 Motion. Patton filed a Petition for a Writ of Habeas Corpus to the Florida Supreme Court on 10/07/02, which was denied on 05/20/04.

Patton filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District on 08/12/05; the petition was currently pending.

Other details

• Case information: Florida Supreme Court opinion SC89669; opinion SC02-423 & SC02-2158; DC# 049448
• Date of birth (DOB): 04/28/57
• Judicial circuit and county: Eleventh Judicial Circuit, Dade County
• Case number: 81-19702
• Sentencing judge: The Honorable Thomas E. Scott
• Resentencing judge: The Honorable Carol Gersten
• Attorney, trial: Marsha K. Lyons – Private Attorneys
• Direct appeal: William L. Richey, Peter M. Siegel & Randall C. Berg – Private Attorney
• Collateral appeals: Suzanne Keffer & Todd G. Scher – CCRC-S
• Date of offence: 09/02/81
• Date of sentence: 03/29/82
• Date of resentencing: 05/15/89