State v. Smith, 2012 Mo. App. LEXIS 1057

Defendant was charged with first-degree robbery with a deadly weapon and second-degree robbery; jury convicted on both and he was sentenced to 30 years on each, concurrent.
Defendant faced pretrial competency questions; in 2007 a court found him fit in related charges based on a Fulton State Hospital evaluation in 2007.
In 2006–2009, proceedings were repeatedly reset; defense raised issues about diminished capacity/mental fitness and later, a lack of capacity to understand the proceedings.
There were contested motions for a mental-competency evaluation, severance of counts, speedy-trial dismissal, and a new preliminary hearing.
Trial occurred July 13, 2009; the jury found both robberies proven; defense later appealed, and re-sentencing occurred in 2010 after competency proceedings.
On appeal, the court upheld convictions, addressing challenges to competency determinations, joinder/severance, speedy-trial rights, and the failure to grant a new preliminary hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the denial of a competency examination an abuse of discretion?	Defense urged the court should order testing due to suspected lack of capacity.	Court should have ordered examination based on earlier indications of incompetence.	No abuse; denial was within trial court discretion.
Was joinder of the two robberies proper and was severance warranted?	Joinder was proper as offenses were connected and part of a common scheme.	Severance needed to avoid prejudice from combining distinct offenses.	Joinder proper; severance not required.
Did the trial court abuse its discretion by denying a speedy-trial dismissal?	Delay was permissible given docket and circumstances; no speedy-trial violation.	Delay violated his right to a speedy trial.	No abuse; speedy-trial denial affirmed.
Was the denial of a new preliminary hearing improper?	State breached plea expectations by not honoring the offer after waiver.	Plea agreement breach warranted a new preliminary hearing.	No error; motion denied for lack of evidentiary support.

State v. Williams, 247 S.W.3d 144 (Mo. App. 2008) (competency and appellate standards for mental fitness)
State v. Yeager, 95 S.W.3d 176 (Mo. App. 2003) (trial court discretion on competency and consideration of counsel observations)
State v. McKinney, 314 S.W.3d 339 (Mo. banc 2010) (joinder policy and prejudice considerations in severance)
State v. Love, 293 S.W.3d 471 (Mo. App. 2009) (severance and prejudice standards in joinder context)
State v. Holliday, 231 S.W.3d 287 (Mo. App. W.D. 2007) (joinder and severance framework)
State v. Greenlee, 327 S.W.3d 602 (Mo. App. 2010) (speedy-trial balancing Barker factors and prejudice)
Dusky v. United States, 362 U.S. 402 (1960) (definition of competency to stand trial)
Barker v. Wingo, 407 U.S. 514 (1972) (speedy-trial four-factor balancing test)