Pablo San Martin

Background

Pablo San Martin was indicted on counts that included First-Degree Murder and other offenses, including attempted robbery with a firearm and grand theft motor vehicle counts.

The offence

San Martin was indicted on the following counts:

• Count I: First-Degree Murder
• Count II: Attempted First-Degree Murder with a Firearm
• Count III: Attempted First-Degree Murder with a Firearm
• Count IV: Attempted Robbery with a Firearm
• Count V: Third-Degree Grand Theft Motor Vehicle
• Count VI: Third-Degree Grand Theft Motor Vehicle
• Count VII: Unlawful Possession of a Firearm while Engaged in a Criminal Offense

Trial

On 02/18/92, San Martin was indicted on the counts listed under “The offence”. On 07/24/93, the jury returned guilty verdicts for each count of the indictment. On 11/04/93, upon advisory sentencing, the jury voted for the death penalty by a 9 to 3 majority.

Sentencing

On 11/23/93, San Martin was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Attempted First-Degree Murder with a Firearm — Life
• Count III: Attempted First-Degree Murder with a Firearm — Life
• Count IV: Attempted Robbery with a Firearm — 15 years, less 680 days for time served
• Count V: Third-Degree Grand Theft Motor Vehicle — 5 years, less 680 days for time served
• Count VI: Third-Degree Grand Theft Motor Vehicle — 5 years, less 680 days for time served
• Count VII: Unlawful Possession of a Firearm while Engaged in a Criminal Offense — 15 years, less 680 days for time served

Appeals

Pablo San Martin filed his Direct Appeal in the Florida Supreme Court on 04/27/94. He raised a number of issues, including:

• San Martin was not allowed an individual-sequestered voir dire of the prospective jurors.
• The trials of San Martin and Franqui were not severed.
• Statements made by San Martin and Franqui were allowed as evidence.
• The evidence did not support a First-Degree Murder conviction.
• The jury was instructed on finding cold, calculated, premeditated aggravating factors and found such factors.
• The jury was not informed about the applicability of mitigating factors.
• The death penalty statute being unconstitutional and shifting the burden from the state to the defendant.

The Florida Supreme Court affirmed the conviction and sentence on 12/24/97. Rehearing was denied on 02/23/98. A Mandate was issued on 03/25/98.

On 05/26/98, San Martin filed a Petition for Writ of Certiorari in the United States Supreme Court. On 10/05/98, the United States Supreme Court denied the petition.

San Martin filed a 3.850 Motion in the Circuit Court on 10/04/99. The Assistant State Attorney prosecuting the case in Miami-Dade County was subsequently elected as a circuit court judge. The judge recused herself and transferred the case to Broward County. Amended motions to vacate judgment and sentence were filed on 04/17/00, 03/20/02, and 12/01/03. On 03/31/05, the motion was denied.

On 05/10/05, San Martin filed a 3.850 Appeal in the Florida Supreme Court. The appeal was currently pending.

Outcome

The Florida Supreme Court affirmed San Martin’s conviction and sentence on 12/24/97.

Other details

The case narrative included a reference that “Franqui was sentenced on 11/24/93,” and that Franqui received two life sentences for the two counts of Attempted First-Degree Murder during the Commission of a Felony, two 15-year sentences for Attempted Robbery with a Deadly Weapon and Threatening to Use A Firearm, and two five-year sentences for the two counts of Grand Theft Motor Vehicle.