|
DC# 217358
DOB: 12/29/72
First Judicial Circuit, Escambia
County Case# 91-373-D
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 – Registry
Date of Offense: 01/23/1991
Date of Sentence: 05/19/1992
Circumstances of the Offense:
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, he 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 one undisputed fact that
remains is that Melton held the gun that fired the shot that ultimately
killed Carter.
Codefendant Information:
Bendleon Lewis (DC#
220262)
Lewis was acquitted on the
armed robbery conviction (CC#
91-373). He was, instead, convicted of second-degree murder and was sentenced
to 20 years. Lewis is currently serving his sentence under community
supervision.
*****
Trial Summary:
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
05/19/92 Sentenced as
follows:
Count I: First Degree Murder – Death
Count II: Robbery with Firearm – Life
*****
Case Information:
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 is currently pending.
On 08/15/05, Melton filed a
Petition for Writ of Habeas Corpus to the Florida Supreme Court, which
is also pending.
On 02/28/06,
Melton filed a 3.851 successive Motion to the Circuit Court, which is
pending.
FloridaCapitalCases.state.fl.us
|
