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Memorandum DATE: December 18, 2003 TO: FROM: Jill Bratina , Governor’s Communications Director re: Death Warrant Governor Jeb Bush today signed a death warrant in the case of Johnny Leartice Robinson. The Governor has determined that there is no basis for altering the court-imposed sentence in this case. Pursuant to Section 922.052, Florida Statutes, Governor Bush has designated the week beginning at 12:00 noon on Monday, February 2, 2004 through 12:00 noon on Monday, February 9, 2004 for the execution. In accordance with Section 922.11, Florida Statutes, Florida State Prison Warden Joseph Thompson has set the execution for Johnny Leartice Robinson on Wednesday, February 4, 2004 at 6:00 p.m. A case brief follows and the death warrant is attached: DEATH WARRANT WHEREAS, JOHNNY LEARTICE ROBINSON, on or between the 11th day of August, 1985, and the 12th day of August, 1985, did murder Beverly St. George; and WHEREAS, JOHNNY LEARTICE ROBINSON was found guilty of murder in the first degree and was sentenced to death on the 19th day of June, 1986; and WHEREAS, on the 28th day of January, 1988, The Supreme Court of Florida affirmed the conviction but vacated the death sentence and remanded for a new sentencing hearing; and WHEREAS, JOHNNY LEARTICE ROBINSON was sentenced to death on the 3rd day of April, 1989; and WHEREAS, on the 15th day of January, 1991, The Supreme Court of Florida affirmed the sentence, and on the 7th day of October, 1991, certiorari to The United States Supreme Court was denied; and WHEREAS, on the 12th day of February, 1998, The Supreme Court of Florida denied all motions for post-conviction relief, and on the 31st day of August, 2000, The Supreme Court of Florida denied habeas corpus relief; and WHEREAS, on the 8th day of August, 2002, the United States Court of Appeals, Eleventh Circuit, affirmed the District Court’s denial of federal habeas corpus relief; and WHEREAS, it has been determined that Executive Clemency, as authorized by Article IV, Section 8(a), Florida Constitution, is not appropriate; and WHEREAS, attached hereto is a certified copy of the record pursuant to Section 922.052, Florida Statutes; NOW, THEREFORE, I, JEB BUSH, as Governor of the State of Florida and pursuant to the authority and responsibility vested in me by the Constitution and Laws of Florida, do hereby issue this warrant directing the Warden of the Florida State Prison to cause the sentence of death to be executed upon JOHNNY LEARTICE ROBINSON, in accord with the provisions of the laws of the State of Florida. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capitol, this December ______, 2003. ______________________________ GOVERNOR ATTEST: _______________________________ SECRETARY OF STATE Johnny L. Robinson On August 11, 1985, Johnny Robinson and his codefendant left Putnam County en route to St. Augustine. While driving south on Interstate 95, they noticed a car stopped along the opposite side of the highway. Robinson turned his car around, crossed to the other side of the interstate and pulled his car in behind the victim’s disabled vehicle. Robinson then approached the victim’s car with a .22 caliber pistol in his waistband. He forced the victim, Beverly St. George, out of her car at gunpoint and placed her into the backseat of his car. Robinson also got in the backseat. He handcuffed the victim and the codefendant drove away. The codefendant drove Robinson’s car to Pellicer Cemetery in St. Johns County. When they arrived at the cemetery, Robinson ordered the victim to remove her clothes. Once she did, he raped her. Afterward, the codefendant sexually battered her. Then Robinson raped her again before ordering her to get dressed. After committing the sexual battery, Robinson and his codefendant discussed what should happen next. According to his codefendant, Robinson stated that he needed to kill the victim so she could not identify them. The victim begged Robinson not to harm her. Robinson then shoved the gun to her cheek and shot her once in the face. After she fell to the ground, Robinson stood over her and shot her again, this time in the forehead. Thereafter, Robinson and his codefendant stole the victim’s purse, left the cemetery and burned the victim’s belongings. The victim’s body was found the following day. Robinson and his codefendant were arrested six days after the homicide on an unrelated burglary. While in custody, he confessed to killing the victim. However, he stated her murder was an accident. He claimed that while the two became involved in a scuffle, the gun went off. When he noticed the victim had been shot, he got scared and shot her again. The medical examiner testified that the victim died of severe brain injury inflicted by the gunshot wounds. He also opined that the bullet to the cheek was the first shot fired and the one to the forehead was the second. However, he testified that either gunshot would have been fatal. According to the medical examiner, the gunshot to the cheek was a “tight contact wound,” resulting from the gun being pressed into the cheek. The shot to the forehead occurred from a distance of about one to two feet away. The jury convicted Robinson of first-degree murder, kidnapping, armed robbery, and sexual battery. At the conclusion of the penalty phase, the jury recommended death by a vote of 9 to 3. On June 6, 1986, the judge followed the jury’s recommendation and sentenced Robinson accordingly. On January 28, 1988, the Florida Supreme Court vacated Robinson’s sentence and remanded the case for re-sentencing. The second penalty phase occurred on February 15, 1989. At the conclusion of the penalty phase, the jury recommended death by a vote of 8 to 4. Thereafter, on April 4, 1989, the judge followed the jury’s recommendation and sentenced Robinson to death. PROCEDURAL HISTORY On January 28, 1986, the Florida Supreme Court affirmed Robinson’s conviction but vacated his death sentence and remanded the case for re-sentencing. Applicant was re-sentenced on April 4, 1989. On January 15, 1991, the Florida Supreme Court affirmed the sentence and on October 7, 1991, the United States Supreme Court denied the petition for writ of certiorari. In 1993, Robinson sought post-conviction relief in the circuit court. The motion was denied in 1995. Thereafter, Robinson filed an appeal in the Florida Supreme Court. O
n February 12, 1998, the Florida Supreme Court affirmed the circuit court’s denial of post-conviction relief. On April 15, 1999, Robinson filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, after which the petition was denied on August 31, 2000. Robinson then filed a federal habeas petition with the United States District Court. The petition was denied by the district court on June 27, 2001, after which Robinson appealed. The United States Court of Appeal for the Eleventh Circuit denied Robinson’s appeal on August 8, 2002. He did not seek relief in the United States Supreme Court. No further appeals are pending. # # #
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