Leonard Patrick Gonzalez, Jr. v. State of Florida
136 So. 3d 1125
| Fla. | 2014Background
- Gonzalez, Jr. convicted of two counts of first-degree murder and one count of home invasion robbery with a firearm; sentenced to death and life imprisonment.
- Robbery and murders occurred at the Billings home in Escambia County on July 9, 2009, with a lay-out plan to steal a supposed $13 million from a safe.
- Gonzalez led a group of co-defendants, supplied weapons and disguises, and directed entry into the home; the killings occurred in the master bedroom during the robbery.
- Surveillance video captured some events; no camera in the master bedroom where the fatal shots were fired.
- Penalty phase included evidence of a 1992 robbery conviction; defense offered limited mitigation; jury recommended death by a 10–2 vote for each murder.
- Florida Supreme Court affirmed both convictions and the death sentences, rejecting most claims of error as either unpreserved, harmless, or meritless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| improper prosecutorial comments during guilt phase | Gonzalez asserts comments tainted verdict | State argues comments anticipated defense theory and were proper | Claims meritless; some comments deemed proper in context |
| magnifying glass during jury deliberations | Glass was improper undefined evidence in deliberations | No prejudice; federal analogies support no reversible error | Providing magnifying glass was not reversible error; harmless |
| failure to inform jury of read-back option per Hazuri | Judge failed to inform jury of read-back/read-back possibility | Invited error; no fundamental error | Not entitled to relief; Hazuri due to invited error and lack of fundamental error |
| cumulative guilt-phase errors | Errors cumulatively require reversal | No reversible cumulative error | Cumulative error rejected; individually or collectively harmless |
| penalty-phase aggravators and HAC weighting | Challenge to weight of HAC and prior violent felony; double murder as aggravator | Trial court properly weighed aggravators; no automatic double-counting | No reversible error; weightings and duplications considered and upheld |
Key Cases Cited
- Occhicone v. State, 570 So. 2d 902 (Fla. 1990) (opening statements may anticipate defense theory; not misstate law)
- Wade v. State, 41 So. 3d 857 (Fla. 2010) (witness credibility and motive in closing arguments; proper rebuttal)
- Bonifay v. State, 680 So. 2d 413 (Fla. 1996) (prosecutor’s language in closing/opening must be measured; single use may be permissible)
- Ruiz v. State, 743 So. 2d 1 (Fla. 1999) (limits on using government prestige to bolster witness credibility)
- Bevel v. State, 983 So. 2d 505 (Fla. 2008) (contemporaneous convictions and prior violent felony aggravator analysis)
- Mosley v. State, 46 So. 3d 526 (Fla. 2010) (automatic aggravator argument rejected; contemporaneous murder evidence valid for weight)
- Mahn v. State, 714 So. 2d 391 (Fla. 1998) (prior violent felony evaluation broad in nature; remoteness not controlling)
