State v. GwinnState v. Gwinn
Lead Opinion
Dеfendant,, initially indicted for the first degree murder of his cousin’s fifteen year old daughter, was ultimately tried pursuant to an amended indictment charging seсond degree murder, found guilty as charged and sentenced to life imprisonment at hard labor without benefit of parole, probation, or susрension of sentence for forty years. Upon this appeal he urges eleven of twenty-four perfected assignments of error; the assignments not advanced on appeal are deemed abandoned.
The crime occurred on February 7, 1976 behind the home of the viсtim when the defendant shot her three times during an apparent attempt to rape or have intercourse with her. After the defendant’s arrеst and the institution of proceedings against him, a sanity commission was appointed and a hearing held on defendant’s capacity to рroceed on July 22, 1976. The trial court, finding defendant lacked such capacity, transferred the defendant to the East Louisiana State Hosрital and ordered that he remain there until he was certified capable of returning to court. After such certification, on Decembеr 12, 1977, a second sanity hearing was held, at which time defendant was adjudged capable of standing trial. Assignment One, asserting that the trial court erroneously ruled that defendant had the capacity to stand trial, presents the principal issue upon this appeal.
ARGUMENT NO. 1
(Assignment of Error No. 1)
The ruling that defendant had the capacity to stand trial came after two sanity hearings had been conducted, as has been noted.
The first sanity commission heаring was held on July 22, 1976 some five months after commission of the crime. On that occasion it was the testimony of Dr. Kenneth Birchard, a psychiatrist, and Dr. Hy-polite Landry, the coroner, that defendant was unable to proceed and lacked the capacity to aid in his defense. Dr. Birchard classified defendant as a chronic paranoid schizophrenic.
On that occasion the same trial judge who in the later sanity commissiоn hearing was to determine that defendant could assist his counsel found defendant'was unable to stand trial and committed him to the custody of the Eаst Louisiana State Hospital.
On January 13, 1977 Retus W. Osborn, M.D., Clinical Director, and A. T. Butter-worth, M.D., Assistant Superintendent and Acting Director of Forensic Division, East Louisiаna State Hospital, Jackson, Louisiana, wrote the trial judge asking that defendant be returned to East Baton Rouge Parish for the reason that, in their opinion, defendant could understand the nature of charges pending, was competent to assist counsel in his defense, was presently on no medication and required no after care referral.
The trial judge thereupon appointed a second sanity commission consisting of Dr. Landry, Dr. F. A. Silva, a psychiatrist, and Dr. George W. Burke, also a psychiatrist.
The trial court’s determination that defendant was able to aid and assist in his own defense and stand trial followed its consideration of a report of Dr. Silva, a new report from D.r. Landry and the report and testimоny of Dr. Burke. Dr. Landry reported by letter of September 22, 1977 that the defendant understood the nature of the charges against him and was able to assist counsel in his defense. Dr. Silva concluded
Dr. Burke reported and testified that he classified defendant as a borderline or mild schizophrenic, nоt so severely afflicted as to be overtly psychotic. He concluded that defendant was able to stand trial and assist in his own defense. His аcknowledgments to defense counsel that defendant was of low normal intelligence, not very bright (but not retarded), poorly educated, distrustful аnd, though not mentally incompetent, one whose schizophrenia admittedly would, in some degree, affect his ability to relate, did not significantly alter his overriding impression that defendant was competent to assist his attorneys and understand the proceedings.
A person who lacks the сapacity to understand the nature and object of the proceedings brought against him, to consult with counsel, and to assist in the preparation of his defense cannot be subjected to trial. C.Cr.P. arts. 641, 642 and 648. See also Drope v. Missouri,
A defendant is presumed to be sane and bears the burden of establishing by a clear preponderance of the evidence that he lacks capacity to proceed. See, e. g., State v. Sheppard,
Considering that it is the defеndant’s burden to prove by a clear preponderance of the evidence that he lacks capacity to procеed, and giving due weight to the broad discretion with which the trial judge is vested in making the determination, we conclude that the trial judge did not err in determining that defendant had the capacity to proceed.
This assignment is without merit.
We have reviewed defendant’s remaining assignments of error and conclude that none of them have merit. Furthermore, none involve legal issues not governed by clearly applicable legal principles. Because factual discussion will be of substantial interest only to the parties, we attach hereto an appendix containing a discussion and resolution of the issues which will become and remain part of this Court’s public record but which will not be published with this opinion.
Decree
Accordingly we affirm defendant’s conviction and sentence.
AFFIRMED.
Dissenting Opinion
dissenting.
I respectfully dissent.
Although it is correct that under present Louisiana law a defendant is presumed to have the mental capacity to proceed until he shows by a preponderance of the evidence that he in fact lacks competency, State v. Sheppard,