State v. Robinson

711 So. 2d 619, 1998 Fla. App. LEXIS 5704, 1998 WL 256688
CourtDistrict Court of Appeal of Florida
DecidedMay 22, 1998
DocketNo. 97-02619
StatusPublished
Cited by2 cases

This text of 711 So. 2d 619 (State v. Robinson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Robinson, 711 So. 2d 619, 1998 Fla. App. LEXIS 5704, 1998 WL 256688 (Fla. Ct. App. 1998).

Opinion

PER CURIAM.

The State appeals the trial court’s order granting Ceasar Robinson’s motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, based on newly discovered evidence. We reverse, concluding that the trial court abused its discretion in granting postconviction relief where the evidence was not likely to produce an acquittal on retrial.

In the early morning hours of December 5, 1981, Avil Francis was shot to death while sleeping at a residence in Winter Haven, Florida. His newlywed wife, Bernadette Francis, was shot in the head, but survived the shooting. The residence was the former marital abode of Ms. Francis and Robinson, who were divorced five months prior to the shootings. At a trial in August 1982, the jury found Robinson guilty of the first-degree murder of Mr. Francis and the attempted first-degree murder of Ms. Francis. The trial court sentenced Robinson to life in prison with a minimum of twenty-five years, plus a consecutive prison term of twenty years with a three-year minimum.1

Approximately fourteen years later, in July 1996, Robinson filed a motion for post-conviction relief asserting newly discovered evidence. Robinson alleged that Ms. Francis and her daughter lied at his trial concerning their eyewitness accounts of the shooting. In support of his motion, he filed the affidavit of a fellow inmate, Wilbert Hollins, who purportedly obtained such information during a conversation with Ms. Francis in New York, in 1989. Robinson claimed that he learned of this information only a few months prior to filing his 1996 motion for postconvietion relief.

In response to Robinson’s motion, the State agreed to an evidentiary hearing. Following the evidentiary hearing, the trial court granted postconviction relief by written order in May 1997.

A. 1982 Trial

At the 1982 trial, Ms. Francis testified that she, Mr. Francis, and her daughter, Shantel, went to bed together on the night of December 4, 1981. Shantel was sleeping at Ms. Francis’s feet. During the early morning hours, Ms. Francis awoke with a numb feeling in her hand. She testified that she saw Robinson standing by the bed. Robinson said: ‘You thought you all have gotten away, but I got both of you all.” Robinson then left the house. Ms. Francis then realized that she had been shot and her husband, Mr. Francis, had been killed.

Shantel testified that she saw Robinson come into the room and shoot both her mother and her stepfather. She described what Robinson was wearing, although her testimony conflicted with her previous statement to the police.

Ms. Francis’s and Shantel’s eyewitness accounts were the only direct evidence presented against Robinson at the 1982 trial. However, the State presented an abundance of circumstantial evidence against Robinson, including: (1) Robinson’s purchase of a .38 caliber gun and bullets one month prior to the shootings; which was the same caliber as that used in the shootings; (2) Robinson’s fingerprint that was discovered on a light bulb that had been unscrewed from the porch light outside of the residence where the shootings took place; (3) a witness’s testimony that, prior to the shootings, Robinson had told him that he caught Ms. Francis and Mr. Francis in bed together and could have killed them if he wanted to; (4) the fact that Robinson, at one time, had a key to the front door of the residence where the shootings took place, and the door showed no signs of [621]*621forced entry on the night of the shootings, despite being locked; (5) the fact that the shootings took place five months after Robinson and Ms. Francis were divorced, two months after Mr. Francis and Ms. Francis were married, and a mere two days after Mr. Francis arrived in Florida and began residing with his newlywed wife in the former marital abode of Robinson and Ms. Francis; (6) the fact that nothing was stolen from the residence on the night of the shootings; and (7) the fact that the shooter did not harm Shantel, who was sleeping in the same bed with the victims.

Robinson denied that he was responsible for the shootings. He presented an alibi defense which indicated that he was 250 miles away, in Monticello, Florida, at the time of the shootings. However, the witnesses offered by the defense to corroborate Robinson’s alibi, could not pinpoint Robinson’s whereabouts between 6:00 p.m., Friday, December 4, 1981, and daybreak, Saturday, December 5,1981.

B. 1997 Hearing on the Motion for Postconviction Relief

Wilbert Hollins (Hollins), a forty-four-year-old inmate at the Avon Park Correctional Institution, was the key witness for Robinson at the 1997 hearing on the motion for posteonviction relief. Hollins was serving a life sentence at the time of the .hearing.

Hollins testified to the following alleged facts. He met the victim, Avil Francis, in Winter Park, Florida in 1974 or 1975. He and Mr. Francis became friends and would visit one another at each other’s homes. Hollins met Bernadette Francis, whom he knew as Bernadette James, through his relationship with Mr. Francis. Between 1977 and 1978, he saw Bernadette six or seven times at either his house or Avil’s house.

In 1989, while Hollins was out of prison on bond, he had a chance encounter with Bernadette Francis in New York. Hollins was passing through Brooklyn, New York, looking for some relatives, when he encountered Ms. Francis sitting on the porch steps of a house in the Brownsville neighborhood. Although he had not seen Bernadette in over ten years, he immediately recognized her; and she recognized him.

According to Mr. Hollins, Ms. Francis informed him of Avil’s death and shared some details. Ms. Francis allegedly told him that on the night of the shootings, she did not actually see or talk to Robinson, but knew that he was the person who shot them because she took his life savings and gave it to Avil. Ms. Francis also informed him that she told her daughter, Shantel, to lie and say she witnessed the shootings. That was the last time Hollins saw Ms. Francis prior to the 1997 court proceeding.

In another chance encounter, Hollins said he met Robinson at the Avon Park Correctional Institution in 1996 and inquired if Robinson knew Bernadette Francis. Hollins claimed that he remembered Ceasar Robinson’s name from the discussion he had with Ms. Francis seven years earlier in New York.

Ms. Francis also testified. She denied knowing Hollins, and denied ever having any conversations with him. She testified that she knew Avil Francis for only one year prior to their marriage on October 31, 1981. Further, while she did move to Brooklyn, New York, after the shootings, Ms. Francis testified that she did not live in or near the Brownsville area, and knew no one in that area. Ms. Francis said she never told her - daughter to lie, and that they both told the truth at the 1982 trial.

Robinson, who was seventy-nine years old at the 1997 hearing, testified briefly to meeting Hollins at the Avon Park Correctional Institution in 1996. According to Robinson, Hollins stated that he learned of Robinson’s case from Ms. Francis. Robinson said that he never made any promises to Hollins.

In granting postconviction relief, the trial court found that Hollins’ testimony constituted newly discovered evidence and could have affected the outcome of this case. The trial court stated:

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District Court of Appeal of Florida, 2025
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Cite This Page — Counsel Stack

Bluebook (online)
711 So. 2d 619, 1998 Fla. App. LEXIS 5704, 1998 WL 256688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-fladistctapp-1998.