DC# 395352
DOB: 04/27/64
Seventh Judicial Circuit,
Volusia County Case # 91-6795
Sentencing Judge: The Honorable
Robert W. Rawlins, Jr. (Retired)
Attorney, Trial: Raymond Cass,
Larry Henderson, Larry Powers – APD
Attorney, Resentence: Gerald F.
Keating – Private
Attorney, Direct Appeal: James
L. Rose – Private
Attorney, Collateral Appeals:
Eric Pinkard & James Driscoll – CCRC-M
Date of Offense: 08/10/91
Date of Sentence: 10/16/92
Date of Resentence: 12/27/96
Circumstances of Offense:
Around 08/05/91, James Guzman
and Martha Cronin began living together at the Imperial Motor Lodge,
where they became acquainted with David Colvin, who also resided at the
motel.
At approximately 3:00 p.m. on 08/10/01, Guzman confessed to
Cronin that he had killed Colvin and had taken a diamond ring and some
money from him. Later, Guzman also discussed the commission of the
crime with a cellmate named Paul Rogers in the spring of 1992.
On 08/12/91, Colvin’s body was
discovered lying face down on the bed of his motel room. The body had
nineteen stab, incision, and hack wounds to the face, skull, back, and
chest and a defensive wound to the left hand.
The body was soaked in
blood and a large amount of blood was found spattered on the walls. A
bent and twisted samurai sword was found on the light fixture above the
bed. Colvin’s blood alcohol level was determined to be .34 at the time
of death. The cause of death was determined to be loss of blood.
Prior Incarceration
History in the State of Florida:
At
the time of the crime, Guzman had a prior prison record that included
incarceration for murder and violent crime convictions. The following
is a Guzman’s prior prison history that covers periods of incarceration
with the Florida Department of Corrections since January 1983.
|
Prior Prison
History: |
|
Date |
Offense |
Sentence |
Sentence |
|
11/04/1981 |
BURG/DWELL/OCCUP.CONVEY |
08/24/1982 |
15Y 0M 0D
|
|
11/04/1981 |
GRAND THEFT,$300
LESS &20,000 |
08/24/1982 |
5Y 0M 0D
|
|
01/23/1982 |
2ND
DEG.MURD,DANGEROUS ACT |
08/24/1982 |
30Y 0M 0D
|
|
01/23/1982 |
2ND
DEG.MURD,DANGEROUS ACT(ATTEMPTED) |
08/24/1982 |
30Y 0M 0D
|
|
01/23/1982 |
KIDNAP;COMM.OR
FAC.FELONY |
08/24/1982 |
30Y 0M 0D
|
|
01/23/1982 |
ROBBERY W/FIREARM OR
D/WEAPON |
08/24/1982 |
30Y 0M 0D
|
Trial Summary:
01/07/92 Indicted as follows:
Count I First Degree
Murder
Count II Armed Robbery
09/24/92 Jury returned guilty verdicts on both counts of the indictment
09/29/92 Jury recommended death sentence by a vote of 10-2.
10/16/92 Sentenced as follows:
Count I First-Degree
Murder – Death
Count II Armed Robbery –
Life imprisonment
12/27/96
Resentenced to death. Guzman waived jury retrial and jury resentence.
Case Information:
On
11/09/92, Guzman filed a Direct Appeal with the Florida Supreme Court,
citing numerous errors, yet the FSC only commented on two: error in not
allowing the public defender to withdraw as counsel due to a conflict of
interest and error in limiting testimony of two of the defense
witnesses. Due to trial court error in both instances, the FSC reversed
the conviction and death sentence of Guzman on 09/22/94.
On
12/27/96, Guzman was resentenced to death. Guzman waived the presence
of jury at either the retrial or the resentence.
Guzman filed a Direct Appeal with the Florida Supreme Court on 01/06/97,
raising eight errors: improper denial of mistrial motion, absence of
substantial and competent evidence of guilt, double jeopardy, improper
ruling on “various issues,” disproportionate death sentence, improper
finding of three aggravating circumstances (HAC; avoiding arrest; and
cold, calculated, and premeditated). The FSC affirmed the conviction
and sentence on 01/14/99.
Guzman filed a Petition for Writ of Certiorari with the U.S. Supreme
Court on 03/12/99 that was denied on 05/03/99.
Guzman filed a 3.850 Motion with the Circuit Court on 03/27/00 and
amended the Motion on 11/30/00 and 10/15/01. The Motion was denied on
03/05/02.
Guzman filed a 3.850 Appeal with the Florida Supreme Court on 04/15/02,
citing allegations of Giglio violations, by the State permitting
false testimony; Brady violations, by the State withholding evidence;
the State presenting misleading evidence; and the State giving an
improper closing argument. On 11/20/03, the FSC affirmed the denial of
the 3.850 Motion in part, but remanded the case to the Circuit Court to
rule on Guzman’s Giglio claim. On 03/04/04, the FSC issued a
revised opinion.
Guzman filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 10/02/02, citing allegations that his waiver of a jury
for the penalty phase was invalid and his incompetence to be executed.
On 11/20/03, the FSC denied the Petition.
On
08/27/04, upon remand to the Circuit Court, legal memoranda were filed
regarding Guzman’s Giglio claims. On 09/22/04, the Circuit Court
denied the 3.850 Motion.
Guzman filed a 3.850 Motion Appeal with the Florida Supreme Court on
10/18/04, citing Giglio claims. On 06/29/06, the FSC
affirmed the denial of the motion.
FloridaCapitalCases.state.fl.us
