106 So. 3d 1194
La. Ct. App.2012Background
- Defendant Terence Pollard was charged with armed robbery with a firearm and attempted first degree murder; trial began in 2009 but mistrial occurred when he acted out in court.
- A second competency hearing in 2010 found Pollard competent; a second trial in 2011 also ended in mistrial after Pollard harmed himself in court; Count 2 was dismissed.
- A third competency hearing in 2011 again found Pollard competent; trial began August 16, 2011 and a 12-person jury found him guilty on both counts.
- The State later filed a second-felony-offender (multiple offender) bill; Pollard challenged the admissibility of predicate fingerprints and priors.
- The trial court found Pollard to be a second felony offender, vacated the original Count 1 sentence, and imposed enhanced terms; on appeal, convictions and the second-offender adjudication were affirmed; some sentencing defects were treated as harmless or corrected as permitted by law.
- Notes: the opinion includes discussion of cognitive capacity, Bennett criteria, and the alignment of exhibits linking Pollard to prior convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency to stand trial | PollardWas incompetent due to history and behavior | Pollard could not assist defense; drugs affected capacity | Competency found; no abuse of discretion |
| Sufficiency of link for second felony offender | Walked through fingerprint and record linkage to prior convictions | Insufficient distinctive linkage or rights violations | Sufficient linkage proven; Pollard validly adjudicated as second offender |
| Errors patent and sentencing compliance | Need correction for hard labor language and fines | Not required due to indigence; harmless errors | Some defects deemed harmless or corrected; sentences affirmed |
Key Cases Cited
- State v. Carmouche, 872 So.2d 1020 (La. 2002) (competency standard and due process in trial readiness)
- State v. Anderson, 996 So.2d 973 (La. 2008) (presumption of sanity; burden on defendant to prove incompetence)
- State v. Bennett, 345 So.2d 1129 (La. 1977) (factors for defendant's ability to assist defense)
- State v. Hobley, 752 So.2d 771 (La. 2000) (necessity of substantial doubt before ordering competency exam)
- State v. Fleming, 902 So.2d 451 (La. App. 5th Cir. 2005) (linkage proof for second-offender status)