Florida Supreme Court

DC# 071115
DOB: 02/12/61

Seventeenth Judicial Circuit, Broward County Case# 89-8897CF10
Sentencing Judge:  The Honorable Leroy Moe
Attorneys, Trial:  R. H. “Bo” Hitchcock & Theodore S. Booras – Private
Attorney, Direct Appeal:  Gary Caldwell – Assistant Public Defender
Attorneys, Collateral Appeals:  Dan D. Hallenberg – CCRC-S

Date of Offense:  04/22/89

Date of Sentence:  06/14/90

Circumstances of the Offense: 

On 04/22/89, Dwayne Irvin Parker and Ladson Marvin Preston entered a Pizza Hut in Pompano Beach. Parker carried with him two guns: a small pistol and a semi-automatic pistol. Preston was not armed.

They robbed the restaurant safe, in addition to taking money and jewelry from 16 customers in the dining room. While Parker was in the dining room an employee left the restaurant and called 911 from a business in the vicinity. During the robbery, Parker expelled six shots wounding two customers. 

Broward County deputies were outside the establishment when both Parker and Preston exited. Parker fired five shots at a deputy and then ran into the street. While in the street, Parker attempted to seize a car by shooting once into the car.

Several individuals had exited a proximate bar and were in the street, including William Nicholson. A witness had left her home when she heard the shots and saw Parker running down the street with Nicholson following him. The witness heard another shot and saw Nicholson hold his midsection and then collapse. The shot wound caused Nicholson’s death.

Parker was trapped between two houses and restrained by a police dog. A pistol and jewelry were found near where Parker was apprehended. Money and jewelry were found in Parker’s possession after he was placed in custody. Twelve shell casings were found: six in the restaurant, five in the parking lot, and one near where the victim collapsed.

At trial it was discerned that all twelve of the casings and the bullet in the victim originated from Parker’s pistol.

Codefendant Information: 

Ladson Marvin Preston pled guilty to Second-Degree Murder and was sentenced to 15 years. At the sentencing of Parker, Preston testified that he did not expect to serve more than four years. He is not currently incarcerated.

Trial Summary:

05/11/89          Indicted as follows:

Count I: First-Degree Murder
Count II: Aggravated Assault with Firearm
Count III: Attempted Second-Degree Murder
Count IV: Armed Robbery
Count V: Armed Robbery
Count VI: Armed Robbery
Count VII: Armed Robbery
Count VIII: Armed Robbery
Count IX: Armed Robbery
Count X: Armed Robbery
Count XI: Armed Robbery
Count XII: Armed Robbery

06/06/89          Defendant pled not guilty

05/10/90          Jury returned guilty verdicts on all counts of the indictment.

05/25/90          The jury recommended the death penalty by a vote of 8-4.

06/14/90          Sentenced as follows:

Count I: First-Degree Murder – Death
Count II: Aggravated Assault with Firearm – 5 years to run concurrent to Count
Count III: Attempted Second-Degree Murder – 30 years to run concurrent to Count II
Count IV: Armed Robbery – Natural Life to run concurrent with Count II
Count V: Armed Robbery – Natural Life to run concurrent with Count II
Count VI: Armed Robbery – Natural Life to run concurrent with Count II
Count VII: Armed Robbery – Natural Life to run concurrent with Count II
Count VIII: Armed Robbery – Natural Life to run concurrent with Count II
Count IX: Armed Robbery – Natural Life to run concurrent with Count II
Count X: Armed Robbery – Natural Life to run concurrent with Count II
Count XI: Armed Robbery – Natural Life to run concurrent with Count II
Count XII: Armed Robbery – Natural Life to run concurrent with Count I

Case Information:

Parker filed his Direct Appeal to the Florida Supreme Court on 06/14/90.  He raised a number of issues, one of which was that the court erred in denying his challenges for cause to 16 prospective jurors.  Regarding this issue and the remaining issues, the Court found no merit or no error.  The Court affirmed Parker’s conviction and sentence on 06/16/94. The rehearing was denied on 08/31/94 and the mandate issued on 09/30/94.

Parker filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/25/94.  The petition was denied on 01/23/95.

Parker then filed a 3.850 Motion to the Circuit Court on 03/24/97.  The amended motion was filed on 06/05/00.  The motion was denied on 02/08/03.

Parker filed a 3.850 Appeal to the Florida Supreme Court on 06/28/02.  On 03/24/05, the Court reversed the trail court’s denial of the 3.850 Motion based on claims of ineffective assistance of trial counsel, counsel’s handling of the bullet evidence, and counsel’s presentation of mitigating evidence at the penalty phase. 

The Court remanded the case back to the Circuit Court for an evidentiary hearing on these issues.  The Court otherwise affirmed the trial court’s order denying post-conviction relief with respect to the other issues raised.  Parker filed a motion for a rehearing on 04/04/05, which was denied on 06/02/05.  The mandate was issued on 06/23/05.

Parker filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 06/12/03, which was denied on 03/24/05.  Parker filed a motion for a rehearing on 04/04/05, which was denied on 06/02/05.  The mandate was issued on 06/23/05.

On 06/05/00, Parker filed a 3.850 Motion to the Circuit Court, as required (and remanded back to the Circuit Court) by the opinion of the Florida Supreme Court reversing on specific issues, concerning claims of ineffective assistance of trial counsel, counsel’s handling of the bullet evidence, and counsel’s presentation of mitigating evidence at the penalty phase.  Evidentiary hearing was held on 02/16/06.  The Motion is currently pending.

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