State v. Wilkerson, 330 S.W.3d 851

Wilkerson spit on Officer Libhart at Tipton Correctional Center, leading to a charge under §565.085; trial set for Nov. 10, 2008, with Wilkerson representing himself.
Prior to trial, Wilkerson requested court-appointed counsel but refused to meet with the Public Defender; he was disruptive and spat on counsel.
The court granted mistrial and ordered a §552.020 mental competency examination and a report; the examiner failed to complete the report due to Wilkerson’s non cooperation.
The trial proceeded on June 18, 2009, despite the absence of a §552.020 report; Wilkerson again disrupted proceedings.
The court sentenced Wilkerson to four years; on appeal, he argues the trial proceeded without the mandated mental health examination and report.
The court vacates the conviction and remands for a §552.020 mental health evaluation, a compliant report, and a determination of competency to stand trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial proceeded without the mandated §552.020 report.	Wilkerson argues mandatory report was required.	State contends the trial proceeded despite no report due to defendant’s conduct.	Reversible error; conviction vacated and remanded for proper competency evaluation.

Drope v. Missouri, 420 U.S. 162 (1975) (due process requires competency to stand trial; cannot try the defendant if incompetent)
State v. Tilden, 988 S.W.2d 568 (Mo.App. W.D.1999) (mental examination mandatory when reasonable cause to question competency)
State v. Johnson, 328 S.W.3d 385 (Mo.App. E.D.2010) (several attempts to complete §552.020 evaluation despite defendant’s cooperation issues)
Bolden v. State, 171 S.W.3d 790 (Mo. banc 2005) (permitted use of peripheral sources when defendant refuses to cooperate)
Teer v. State, 275 S.W.3d 258 (Mo. banc 2009) ('shall' in statute is mandatory unless context shows noncompliance has sanctions)