Sanchez, Lorenzo v. State of Florida

CourtDistrict Court, S.D. Florida
DecidedAugust 31, 2025
Docket0:24-cv-62003
StatusUnknown

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Bluebook
Sanchez, Lorenzo v. State of Florida, (S.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 24-62003-CIV-DAMIAN

LORENZO SANCHEZ,

Petitioner,

v.

FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent. /

ORDER ON PETITION FOR WRIT OF HABEAS CORPUS

THIS CAUSE is before the Court upon Petitioner, Lorenzo Sanchez’s (“Sanchez” or “Petitioner”), proceeding pro se, Petition for Writ of Habeas Corpus (“Petition”), filed pursuant to 28 U.S.C. § 2254. [ECF No. 1]. In the Petition, Sanchez attacks the constitutionality of his convictions and sentence entered in the Seventeenth Judicial Circuit in and for Broward County, Florida, in State of Florida v. Sanchez, No. 21-000265CF10A (Fla. 17th Cir. Ct. 2021). The State of Florida (“State”) filed a Response [ECF No. 10 (“Response”)] to the Petition pursuant to this Court’s Order to Show Cause [ECF No. 8], along with a supporting appendix [ECF No. 12] and state court transcripts [ECF No. 11]. Petitioner filed a Reply. [ECF No. 14 (“Reply”)]. The Petition is now ripe for review. THE COURT has considered the Petition and the above-referenced filings, the pertinent portions of the record, and relevant legal authority and is otherwise fully advised. For the reasons that follow, the Petition is denied. I. BACKGROUND A. The Charges On May 1, 2014, the State charged Sanchez with attempted first-degree murder and felon in possession of a firearm. [ECF No. 12-1 at 4–5].

B. Trial and Sentencing Sanchez proceeded to trial. [ECF No. 11, Trial Transcripts, hereinafter, Tr. at ___]. Sanchez represented himself at trial. [ECF No. 12-1 at 31–44]. The jury found Sanchez guilty of both counts. Id. at 243–55. The trial judge sentenced Sanchez to life in prison for the attempted murder count and fifteen years for the felon in possession of a firearm count. Id. at 245, 248. C. Direct Appeal and Collateral Proceedings Sanchez filed a direct appeal in Florida’s Fourth District Court of Appeal (“Fourth DCA”). Id. at 287–88. On appeal, Sanchez alleged eight trial court errors: (1) denial of his

discovery objections to the victim’s police statements and lab reports, Dr. Kikhudt’s disclosures as a medical, bullets, and ballistics expert, and Detective Plaska’s testimony; (2) denial of Petitioner’s special jury instruction that the State must prove that Petitioner’s killing of the victim was not justifiable or excusable; (3) denial of Petitioner’s motion to suppress; (4) striking a juror for hardship; (5) limiting the cross examination of Mr. Schaefer; (6) consideration of Petitioner’s lack of remorse at sentencing; (7) comments to the jury regarding the firearm count; and (8) trial by a six-person jury. [ECF No. 12-2 at 2–74]. On March 16, 2023, the Fourth DCA per curiam affirmed without written opinion in Sanchez v. State, 358 So. 3d 419 (Fla. 4th DCA 2023). Sanchez returned to the state trial court on April 12, 2023, by filing a Motion for Postconviction relief under Florida Rule of Criminal Procedure 3.850. Id. at 192–203. In that Motion, Sanchez raised two grounds for relief: (1) A Gilglio claim that the prosecutor knowingly used perjured testimony from the

victim and eyewitness Hanes when they testified how many times the victim was shot and the locations of the bullet wounds; and (2) trial counsel was ineffective for failing to call Petitioner to testify at the motion to suppress hearing to establish standing to contest Petitioner’s arrest. During the pendency of his Rule 3.850 motion, Petitioner filed a motion to vacate his conviction for being a felon in possession of a firearm by challenging the charging document in the 2005 drug case that rendered him a convicted felon. Id. at 205–07. The trial court denied all of Sanchez’s claims with prejudice. Id. at 217–22. Sanchez moved for rehearing. Id. at 224–29. The court denied the motion because Sanchez failed to

present anything the trial court “overlooked or misapprehended.” Id. at 159. Sanchez twice appealed, which the Fourth DCA consolidated into a single appeal. Id. at 161–99. On July 3, 2024, the Fourth DCA per curiam affirmed without written opinion and without requiring a response from the State. Id. at 200; see also Sanchez v. State, 390 So. 2d 17 (Fla. 4th DCA 2024). D. The Instant Petition On October 15, 2024, Sanchez initiated the instant proceedings under Section 2254. See Petition. Construing the Petition liberally, consistent with Haines v. Kerner, 404 U.S. 519, 520–21 (1972), Sanchez presents the following claims for relief: Claim One: The government suppressed statements of Willard Robinson that were exculpatory to the defense, contrary to Brady v. Maryland, 373 U.S. 83 (1963). Petition at 4. Claim Two: The government suppressed scientific and medical evidence and export reports, contrary to Brady. Id. at 8. Claim Three: The government suppressed the police report of Detective Dennis Plaska, contrary to Brady. Id. at 11. Claim Four: Violation of Fourth Amendment when trial court denied Petitioner’s motion to suppress because Petitioner was arrested without an arrest warrant. Id. at 14. Claim Five: Violation of the Sixth Amendment right to confrontation and Fifth and Fourteenth Amendment due process rights when trial court limited Petitioner’s cross-examination of a witness. Id. at 18. Claim Six: Violation of Fifth and Fourteenth Amendment due process rights when trial court denied Petitioner’s requested jury instruction. Id. at 20. Claim Seven: Violation of the Sixth Amendment when Petitioner was tried by a six-person jury. Id. at 21. Claim Eight: Ineffective assistance of counsel for failing to call Petitioner at the motion to suppress hearing regarding Petitioner’s warrantless arrest. Id. at 21. Claim Nine: The government knowingly used perjured testimony, contrary to Giglio v. United States, 405 U.S. 150 (1972). Id. at 23. Claim Ten: Violation of the Fifth, Sixth, and Fourteenth Amendments on grounds Petitioner was convicted of felon in possession of a firearm because the underlying felony conviction was based on an erroneous information. Id. at 34. This Court addresses Petitioner’s claims for relief in turn below. II. EXHAUSTION AND STATUTE OF LIMITATIONS The State asserts that the Petition appears to be timely as to Claims One through Nine but argues that Claim Ten is time-barred. Response at 5. The State further asserts that Claims One through Six and Ten are unexhausted. Id. at 7. The Court considers each below. A. Legal Standard As To Exhaustion. Petitioner’s federal habeas case is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub. L. No. 104–132, 110 Stat. 1214 (1996). See also Abdul– Kabir v. Quarterman, 550 U.S. 233, 246 (2007); Davis v. Jones, 506 F.3d 1325, 1331 n.9 (11th Cir. 2007). “AEDPA limits the scope of federal habeas review of state court judgments . . . .” Pittman v. Sec’y, Fla. Dep’t of Corr., 871 F.3d 1231, 1243 (11th Cir. 2017) (citing Williams v. Taylor, 529 U.S. 420, 436 (2000)). “The purpose of AEDPA is to ensure that federal habeas

relief functions as a guard against extreme malfunctions in the state criminal justice systems, and not as a means of error correction.” Ledford v. Warden, Ga. Diagnostic & Classification Prison, 818 F.3d 600, 642 (11th Cir. 2016) (quoting Greene v. Fisher, 565 U.S. 34, 38 (2011)). “Habeas petitioners generally cannot raise claims in federal court if those claims were not first exhausted in state court.” McNair v. Campbell, 416 F.3d 1291

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