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Leonard Patrick Gonzalez, Jr. v. State of Florida
136 So. 3d 1125
| Fla. | 2014
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Leonard Patrick Gonzalez, Jr. v. State of Florida
Court Name: Supreme Court of Florida
Date Published: Apr 10, 2014
Citation: 136 So. 3d 1125
Docket Number: SC11-475
Court Abbreviation: Fla.