Jesse Guardado v. State of Florida

176 So. 3d 886, 40 Fla. L. Weekly Supp. 204, 2015 Fla. LEXIS 801, 2015 WL 1725144
CourtSupreme Court of Florida
DecidedApril 16, 2015
DocketSC12-1040
StatusPublished
Cited by14 cases

This text of 176 So. 3d 886 (Jesse Guardado v. State of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jesse Guardado v. State of Florida, 176 So. 3d 886, 40 Fla. L. Weekly Supp. 204, 2015 Fla. LEXIS 801, 2015 WL 1725144 (Fla. 2015).

Opinion

PER CURIAM.

This case is before the Court on appeal from an order denying a motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. The order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, and this Court has jurisdiction of the appeal under article V, section 3(b)(1), Florida Constitution. Because Guardado has failed to show that counsel were ineffective at either the guilt or penalty phases of his trial, we affirm the denial of postconviction relief.

FACTS

This' Court summarized the facts of this case in greater detail on direct appeal. The facts relevant here are as follows:

Guardado had known the victim of the present crimes, 75-year-old Jackie Malone, since 2003, and had rented places to live from her. Guardado had been a guest in her home, including a few overnight stays when he was between rentals. He received assistance from Ms. Malone on numerous occasions including financial assistance, and she had. assisted him in, getting the job with the local water treatment plant which he held at the time of the crime. Guardado knew certain things about Ms. Malone, including the fact that she kept some money on hand in her wallet.
On the day in question, September 13, 2004, Guardado wanted to get high and continue his recent crack cocaine binge. Desperate for money to fix his truck and obtain drugs, Guardado decided to rob a local grocery store: His attempted robbery with a knife was thwarted by one of the employees. Still desperate for money, Guardado decided to rob and murder Ms. Malone that night because *890 she lived in a secluded area and because she would open her home to him based on their prior trusting relationship.
Guardado arranged to drive his girlfriend’s vehicle to work for the night shift. He generally maintained a change of clothes in his girlfriend’s car because of the nature of his work at the treatment plant. On this occasion he made sure there were clothes in the car because a hurricane was due to make landfall in a few days. In addition to leaving clothes in the car, Guardado armed himself with a metal “breaker bar.” He next drove to the parking lot at the Wal-Mart in DeFuniak Springs, where he got a kitchen knife from his disabled truck that was parked there. With both weapons in his possession, he then drove his girlfriend’s car to Ms; Malone’s house.
Ms. Malone had already retired for the night so Guardado continually knocked on her door to awaken her. Guardado identified himself by name when she came to the door. She greeted Guardado, and he told her he needed to use the telephone. When she turned away to allow him to enter the house, he pulled the “breaker bar,” which was hidden behind his back in his pants, and struck her repeatedly about her head. Ms. Malone raised her hands in defense, and then fell to the living room floor. Ms. Malone did not die from the numerous blows with the “breaker bar,” so Guardado pulled the kitchen knife and stabbed her several times, then slashed her throat.
Guardado said he hit her on the head with the “breaker bar” and thought that would have killed her, but it did not, so he hit her several more times. He also said that when she fell on the floor behind the couch it seemed she was not going to die so he stabbed her with the knife, including to the heart, so it would be over. However, Guardado confessed, “It just seemed not to go that way, she would not die.” After beating and stabbing Ms. Malone, Guardado went to her bedroom, looked through her belongings for money and valuables, and took her jewelry box, briefcase, purse, and cell phone.

Guardado v. State, 965 So.2d 108, 110-11 (Fla.2007). Guardado was indicted on charges of first-degree murder and robbery with a weapon and pled guilty to both counts. Id. at 110. At the penalty phase, Guardado’s attorneys, John Gontarek and Jason Cobb, presented two witnesses: Dr. James Larson, a clinical psychologist, and Guardado himself. At the conclusion of the penalty phase, the jury returned a unanimous recommendation of death. Id. at 111. The trial court sentenced Guarda-do to death, making the following findings as to the aggravating and mitigating circumstances:

The court found five aggravating factors: (1) the capital felony was committed by a person under sentence of imprisonment or on conditional release supervision; (2) the defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person (to wit: armed robbery, April 9, 1984; robbery with a deadly weapon, July 6, 1990; robbery, January 23, 1991; robbery with a weapon, January 23, 1991; attempted robbery with a deadly weapon, February 17, 2005); (3) the capital felony was committed while the defendant was engaged in the commission of, or attempt to commit, or escape after committing, a robbery with a weapon; (4) the capital felony was especially heinous, atrocious, or' cruel (HAC); and (5) the crime was committed in a cold, calculated and premeditated manner (CCP).
*891 Guardado did not ask the trial court to consider any statutory mitigating circumstances, and the trial court did not find any. The trial court did find nineteen nonstatutory mitigating factors (ten as requested by Guardado, seven additional ones based upon review and consideration of the defense expert at the Spencer hearing, and two that were suggested by the State), [n.2] The trial court gave the jury’s advisory sentence and recommendation great weight and considered and weighed the aggravating and mitigating circumstances. The trial court found, as did the jury, that the aggravating circumstances outweighed the mitigating circumstances.
[N.2] The nonstatutory mitigating factors and the weight given by the trial court [were]: (1) defendant entered a plea of guilty to first-degree murder without asking for any plea bargain or other favor in exchange (great weight);. (2) defendant has- fully accepted responsibility for his actions and blames nobody else for this crime (great weight); (3) defendant is not a psychopath pursuant to expert testimony and would not be a danger to other inmates or correctional officers should he be given a life sentence (moderate weight); (4) defendant could contribute to an open prison population and work as a plumber or an expert in wastewa-ter treatment plant operations should he be given a life sentence (little weight); (5) defendant fully cooperated with law enforcement to quickly resolve the case to the point of helping law enforcement officers recover evidence to be used against him at trial (great weight); (6) defendant has a good jail record while awaiting trial with not a single incident or discipline report (little weight); (7) defendant has consistently shown a great deal of remorse for his .

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Cite This Page — Counsel Stack

Bluebook (online)
176 So. 3d 886, 40 Fla. L. Weekly Supp. 204, 2015 Fla. LEXIS 801, 2015 WL 1725144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jesse-guardado-v-state-of-florida-fla-2015.