Jose Escobar-Guillen v. State

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 JOSE ESCOBAR-GUILLEN, Appellant, v. Case No. 5D10-2454 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 4, 2011 3.850 Appeal from the Circuit Court for Orange County, Bob LeBlanc, Judge. Jose Escobar-Guillen, Florida City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Respondent. SAWAYA, J. Jose Escobar-Guillen appeals the trial court s order that summarily denied his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in which he alleged a Miranda1 violation and coerced confession. Pursuant to Spera v. State, 971 So. 2d 754, 755 (Fla. 2007), we reverse. We do so because we are unable to conclude that the facial deficiencies of these claims, referenced by the trial court, cannot be remedied by amendment. See Oliver v. State, 10 So. 3d 704 (Fla. 5th DCA 2009). 1 Miranda v. Arizona, 384 U.S. 436 (1966). Accordingly, the order is reversed and this case remanded with instructions that the trial court strike the motion with leave to amend in a specified time consistent with the parameters identified in Spera. See Oliver; Parsons v. State, 981 So. 2d 1249, 1250 (Fla. 5th DCA 2008). REVERSED and REMANDED. PALMER and JACOBUS, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.