Ninth Judicial Circuit, Orange County Case #76-532
(Transferred to Seventh Judicial Circuit on 01/16/84)
Sentencing Judge: The Honorable Maurice M. Paul
Attorney, Trial: Edward Kirkland, Esq.
Attorney, Direct Appeal: Craig S. Barnard & Richard B.Greene – Assistant Public Defenders
After resentencing: Larry B. Henderson – Assistant Public Defenders
Attorneys, Collateral Appeals:  Marie Parmer – CCRC-M

Date of Offense:  12/03/75

Date of Sentence:  11/15/76

Date of Resentence:  05/04/90

Circumstances of Offense:

On 12/03/75, Sireci went to a used car lot, entered the office, and discussed buying a car with the owner of the car lot, Howard Poteet. 

Sireci argued in court that the purpose of the visit was to take some keys so he could come back later and steal a car.  The state argued in court that the purpose of the visit was to rob the owner. 

02/27/76                    Sireci was indicted on the following:

Count I:  First-Degree Murder

10/22/76                    Sireci was found guilty on Count I of the indictment.

11/05/76                   

Upon advisory sentencing, the jury recommended the death penalty by a majority vote.

11/15/76                     Sireci was sentenced as follows:

Count I:  First-Degree Murder – Death

05/28-05/29/87            Evidentiary hearing held.

08/21/87                     The trial court vacated the death sentence.

Sireci filed a Direct Appeal in the Florida Supreme Court on 01/14/77 citing fifteen issues.  The FSC affirmed the conviction and sentence on 04/09/81.

Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 09/08/81, which was denied on 05/17/82.

On 08/25/82, Governor Graham signed a death warrant scheduling the execution for 09/24/82.

Sireci filed a federal Petition for Writ of Habeas Corpus and Stay of Execution in the U.S. District Court on 09/07/82.  The USDC dismissed the Petition and denied the stay on 09/16/82.

Sireci filed a 3.850 Motion in the Circuit Court on 09/08/82.  A Stay of Execution was ordered on 09/17/82 and was vacated on 03/20/84.  The 3.850 Motion was denied on 11/03/83.

Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court on 01/06/84, citing the following issues: exclusion of non-statutory mitigating circumstances, racial discrimination, ineffective assistance of counsel, and an unconstitutional sentencing system.  The FSC affirmed the denial of the 3.850 Motion on 03/21/85.

Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 06/12/85, which was denied on 06/30/86.

On 09/10/86, Governor Graham signed a death warrant, and the execution was scheduled for 10/07/86. 

Sireci filed a 3.850 Motion in the Circuit Court on 07/28/86.  On 09/26/86, the trial court ordered an evidentiary hearing to be held and stayed the execution pending the outcome of the hearing.  On 08/21/87, the trial court vacated the death sentenc

Sireci filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 09/25/86, again citing racial discrimination in sentencing.  The FSC denied the Petition on 01/05/87. 

On 09/26/87, the state filed an appeal of the trial court’s order for an evidentiary hearing.  The FSC affirmed the lower court’s order on 01/05/87.

The State filed a 3.850 Motion Appeal on 07/24/87, appealing the vacating of the death sentence.  The FSC affirmed the trial court’s granting of the 3.850 Motion and the vacating of the sentence on 12/22/88.

On 05/04/90, Sireci was resentenced to death.  The jury recommended the death penalty by a vote of 11 to 1. 

Sireci filed a Direct Appeal with the Florida Supreme Court on 05/16/90. Sireci contended the following issues: the trial court erred by not allowing Sireci to waive the jury sentence recommendation; the trial court erred in denying a motion for mistrial; the use of the cold, calculated and premeditated aggravating circumstance was ex post facto; the trial court erred in rejecting mitigating circumstances; the jury’s death penalty recommendation was unreliable; and Florida’s sentencing statute was unconstitutional.  The FSC affirmed the death sentence on 09/19/91 

Sireci filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/24/92. The Petition was denied on 03/23/92. 

Sireci filed a 3.850 Motion in the Circuit Court on 06/21/93. He raised thirty-three claims. The Motion was denied on 02/09/99.

Sireci filed a federal Petition for Writ of Habeas Corpus in the United States District Court on 05/09/97.  The Petition was denied on 03/01/99.

Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court on 03/19/99, citing twenty-nine claims. The Motion was denied on 09/07/00.

Sireci filed a 3.850 Motion in the Circuit Court on 12/06/00, which was denied on 10/10/01.

Sireci filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/25/01. Sireci contended the following issues: claims of ineffective assistance of counsel, challenging the constitutionality of the death penalty statute of Florida, and cruel and unusual punishment.  The FSC denied the Petition on 02/28/02.

Sireci filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District of Florida, on 10/03/02.  On 10/16/02, the case was administratively closed pending exhaustion of state remedies.  On 03/05/03, the case was reopened.  On 08/04/03, Sireci filed a motion to stay proceedings until a DNA testing request was is settled in state court.  The Florida Supreme Court issued an order directing administrative closure pending resolution of state proceedings on 08/12/03.

Sireci filed a 3.850 Motion in the Circuit Court on 10/08/02. Sireci contended issues raised in the United States Supreme Court case of Ring v. Arizona.  The Trial Court denied the Motion on 01/10/03.

Sireci filed a 3.853 Motion in the Circuit Court on 03/18/03, based on DNA testing of evidence. The Trial Court denied the Motion on 07/15/03.

Sireci filed a 3.853 Motion Appeal in the Florida Supreme Court on 09/02/03.  On 04/28/05, the Florida Supreme Court affirmed the denial of Sireci’s 3.853 Motion.