SC11-81 – Michael A. Tanzi v. Kenneth S. Tucker, etc.

State: Florida

Docket No: SC11-81

Case Date: 04/19/2012

Preview:Supreme Court of Florida
____________ No. SC10-807 ____________ MICHAEL A. TANZI, Appellant, vs. STATE OF FLORIDA, Appellee. ____________ No. SC11-81 ____________ MICHAEL A. TANZI, Petitioner, vs. KENNETH S. TUCKER, etc., Respondent. [April 19, 2012] PER CURIAM. Michael A. Tanzi appeals the denial of his postconviction motion filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of

habeas corpus.1 For the reasons that follow, we affirm the denial of his motion and deny his habeas petition. I. BACKGROUND Michael A. Tanzi pled guilty and was sentenced to death for the murder of Janet Acosta. On direct appeal, this Court described the facts as follows: During her lunch hour on April 25, 2000, Janet Acosta was reading a book while seated inside her maroon van parked at the Japanese Gardens in Miami. At that time, Tanzi was stranded in Miami without a means of returning to Key West, where he had been residing for the previous months. Tanzi saw Acosta sitting in her vehicle with her window rolled down and approached her, asking for a cigarette and the time. When Acosta was distracted, Tanzi punched her in the face until he gained entry to the van. He then threatened her with a razor blade and drove away with Acosta in the van. Tanzi held Acosta by the wrist until he reached Homestead. Upon reaching Homestead, Tanzi stopped at a gas station, where he bound Acosta with rope that was in her van and gagged her with a towel. Tanzi further threatened Acosta, telling her that if she kicked or made noise he would cut her from ear to ear. Tanzi took Acosta`s fifty-three dollars in cash. He then bought some cigarettes and a soda and attempted to use Acosta`s bank card, which he had obtained after rifling through her belongings. While still in Homestead, Tanzi also forced Acosta to perform oral sex, threatening to kill her with his razor if she injured him. However, he stopped her from continuing because Acosta`s teeth were loose as a result of the earlier beating. Tanzi then continued to drive with Acosta bound and gagged in the rear of the van until he reached Tavernier in the Florida Keys, where he stopped at approximately 5:15 p.m. to withdraw money from Acosta`s bank account. He again threatened Acosta with t he razor in order to obtain Acosta`s personal identification number. Tanzi

1. We have jurisdiction. See art. V,

Download SC11-81 – Michael A. Tanzi v. Kenneth S. Tucker, etc..pdf