The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
GUZMAN, James (W/M)
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 & JamesDriscoll – 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 livingtogether at the Imperial Motor Lodge, where they became acquainted with DavidColvin, who also resided at the motel. At approximately 3:00 p.m. on08/10/01, Guzman confessed to Cronin that he had killed Colvin and had taken adiamond ring and some money from him. Later, Guzman also discussed thecommission of the crime with a cellmate named Paul Rogers in the spring of1992.
On 08/12/91, Colvin’s body was discovered lying face down onthe bed of his motel room. The body had nineteen stab, incision, and hackwounds to the face, skull, back, and chest and a defensive wound to the lefthand. The body was soaked in blood and a large amount of blood was foundspattered on the walls. A bent and twisted samurai sword was found on thelight fixture above the bed. Colvin’s blood alcohol level was determinedto be .34 at the time of death. The cause of death was determined to beloss of blood.
Prior Incarceration History in the State of Florida:
At the time of the crime, Guzman had a prior prison recordthat included incarceration for murder and violent crime convictions. Thefollowing is a Guzman’s prior prison history that covers periods ofincarceration with the Florida Department of Corrections since January 1983.
| Prior Prison History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 11/04/1981 | BURG/DWELL/OCCUP.CONVEY | 08/24/1982 | MIAMI-DADE | 8125431 | 15Y 0M 0D | | |
| 11/04/1981 | GRAND THEFT,$300 LESS &20,000 | 08/24/1982 | MIAMI-DADE | 8125431 | 5Y 0M 0D | | |
| 01/23/1982 | 2ND DEG.MURD,DANGEROUS ACT | 08/24/1982 | MIAMI-DADE | 8203360 | 30Y 0M 0D | | |
| 01/23/1982 | 2ND DEG.MURD,DANGEROUS ACT(ATTEMPTED) | 08/24/1982 | MIAMI-DADE | 8203360 | 30Y 0M 0D | | |
| 01/23/1982 | KIDNAP;COMM.OR FAC.FELONY | 08/24/1982 | MIAMI-DADE | 8203360 | 30Y 0M 0D | | |
| 01/23/1982 | ROBBERY W/FIREARM OR D/WEAPON | 08/24/1982 | MIAMI-DADE | 8203360 | 30Y 0M 0D | | |
Trial Summary:
01/07/92 Indicted as follows:
Count I First Degree Murder
Count II ArmedRobbery
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 ArmedRobbery – Life imprisonment
12/27/96 Resentenced to death. Guzman waived jury retrial and jury resentence.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 80,750
644 So. 2d 996
11/09/92 Appeal filed
09/22/94 FSC reversed conviction and death sentence
11/21/94 Rehearing denied
12/21/94 Mandate issued
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 89,640
721 So. 2d 1155
01/06/97 Appeal filed
10/01/98 FSC affirmed conviction and sentence
12/15/98 Rehearing denied
01/14/99 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 98-8463
526 U.S. 1102
03/12/99 Petition filed
05/03/99 USSC denied petition
Circuit Court – 3.850 Motion
CC# 91-6795
03/27/00 Motion filed
11/30/00 Motion amended
10/15/01 Motion amended
03/05/02 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 02-860
868 So. 2d 498
04/15/02 Appeal filed
11/20/03 FSC affirmed in part and remanded in part
03/04/04 Rehearing denied
04/05/04 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 02-2131
868 So. 2d 498
10/02/02 Petition filed
11/20/03 FSC denied Petition
03/04/04 Rehearing denied
04/05/04 Mandate issued
Circuit Court – 3.850 Motion (on remand)
CC# 91-6795
08/27/04 Legal memoranda filed
09/22/04 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-2016
941 So. 2d 1045
10/18/04 Appeal filed
06/29/06 FSC affirmed denial of the motion
07/20/06 Mandate issued
United States District Court, Middle District-Petition for Writ of Habeas Corpus
USDC # 06-01271
08/24/06 Petition filed
03/17/10 Order granting in part, denying in part
04/29/10 Motion for stay of retrial pending state habeasappeal granted
United States Court of Appeals, 11thCircuit – Habeas Appeal (state)
USCA# 10-11442
(Pending)
03/25/10 Appeal filed by the state
Factors Contributing to the Delay in Imposition ofSentence:
Guzman’s original death sentence was vacated on 09/22/94,and he was resentenced on 12/27/96. On appeal, the Florida Supreme Courtremanded to the Circuit Court to rule on Guzman’s Giglio claims.
Case Information:
On 11/09/92, Guzman filed a Direct Appeal with the FloridaSupreme Court, citing numerous errors, yet the FSC only commented on two: errorin not allowing the public defender to withdraw as counsel due to a conflict ofinterest and error in limiting testimony of two of the defense witnesses. Due to trial court error in both instances, the FSC reversed the conviction anddeath sentence of Guzman on 09/22/94.
On 12/27/96, Guzman was resentenced to death. Guzmanwaived the presence of a jury at either the retrial or the resentence.
Guzman filed a Direct Appeal with the Florida Supreme Courton 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, improperfinding of three aggravating circumstances (HAC; avoiding arrest; and cold,calculated, and premeditated). The FSC affirmed the conviction andsentence 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 on03/27/00 and amended the Motion on 11/30/00 and 10/15/01. The Motion wasdenied on 03/05/02.
Guzman filed a 3.850 Appeal with the Florida Supreme Courton 04/15/02, citing allegations of Giglio violations, by the State permittingfalse testimony; Brady violations, by the State withholding evidence; the Statepresenting misleading evidence; and the State giving an improper closingargument. On 11/20/03, the FSC affirmed the denial of the 3.850 Motion inpart, but remanded the case to the Circuit Court to rule on Guzman’s Giglioclaim. On 03/04/04, the FSC issued a revised opinion.
Guzman filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/02/02, citing allegations that his waiver of a juryfor the penalty phase was invalid and his incompetence to be executed. On11/20/03, the FSC denied the Petition.
On 08/27/04, upon remand to the Circuit Court, legalmemoranda were filed regarding Guzman’s Giglio claims. On 09/22/04, theCircuit Court denied the 3.850 Motion.
Guzman filed a 3.850 Motion Appeal with the Florida SupremeCourt on 10/18/04, citing Giglio claims. On 06/29/06, the FSC affirmedthe denial of the motion.
On 08/24/06, Guzman filed a Petition for Writ of HabeasCorpus in the USDC, Middle District. On 03/17/10, the petition was granted inpart (claim 1) and denied in part (claims 2-7). On 04/29/10, the USDC granted astay of retrial pending the habeas appeal by the state.
On 03/25/10, the State filed a Habeas Appeal with the UnitedStates Court of Appeals, 11th Circuit, which is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
02/13/86 0 DISOBEYINGORDER SUMTER C.I.
02/13/86 0 POSS OF STOLENPROP SUMTER C.I.
07/27/86 0 TATOOING MARTIN C.I.
11/01/86 0 SPOKENTHREATS MARTIN C.I.
11/04/86 0 LYING TO A STAFF MEMBER MARTIN C.I.
09/01/88 0 MISUSE OF STATE PROP MARTIN C.I.
04/19/90 0 MISUSE OF STATE PROP TOMOKA C.I.
04/19/90 0 DISORDERLY CONDUCT TOMOKA C.I.
05/17/93 0 VERBAL DISRESPECT UNION C.I.
11/24/93 0 DISORDERLY CONDUCT UNION C.I.
12/28/94 0 UNAUTH USE ALC/DRUGS UNION C.I.
07/27/99 180 UNAUTH USE OF DRUGS UNION C.I.
07/19/01 0 POSS OFCONTRABAND UNION C. I.
________________________________________________________________________
Report Date: 08/10/01 JFL
Approved: 11/16/01 WS
Updated: 07/20/10 KKR