Sands v. Commonwealth

358 S.W.3d 9, 2011 Ky. App. LEXIS 148, 2011 WL 3207795
CourtCourt of Appeals of Kentucky
DecidedJuly 29, 2011
DocketNos. 2009-CA-001824-MR, 2009-CA-001825-MR
StatusPublished
Cited by1 cases

This text of 358 S.W.3d 9 (Sands v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sands v. Commonwealth, 358 S.W.3d 9, 2011 Ky. App. LEXIS 148, 2011 WL 3207795 (Ky. Ct. App. 2011).

Opinions

OPINION

WINE, Judge:

Robert Harlin Sands appeals his conviction of multiple counts under two separate indictments in the Jefferson Circuit Court. Finding no error in the trial court’s decision not to set aside his pleas of guilty, we affirm the conviction of August 28, 2009.

In September 2005, Sands was indicted for two counts of first-degree sexual abuse, one count of distribution of obscene material to minors, and one count of indecent exposure (Indictment No. 05-CR-002758).1 Subsequently, in December 2005, Sands was indicted and charged with two counts of theft of a motor vehicle registration plate (Indictment No. 05-CR-003707).

Following a disruptive outburst in court on December 21, 2005, Sands was ordered by the trial court to undergo a competency evaluation at the Kentucky Correctional Psychiatric Center (“KCPC”). A competency hearing was held in Jefferson Circuit Court on April 13, 2006. Dr. Russell Williams from KCPC testified that, although Sands was intermittently cooperative with the staff, he diagnosed Sands as being a “blatant” malingerer and as having a personality disorder with narcissistic, dependent, and borderline traits. Dr. Williams stated that Sands is very intelligent, having an IQ of 114. In fact, Sands was the only person who had ever achieved a perfect score on one of the intelligence tests. Based on his evaluation, Dr. Williams determined and testified that Sands was competent to stand trial and to assist in his own defense. No contradictory psychological or psychiatric evidence was presented. In its subsequent order entered on April 17, 2006, the trial court found that Sands was competent.

Because of charges outstanding in another jurisdiction,2 Sands was evaluated a second time by KCPC in September, 2006. The result of the second evaluation was nearly identical to that of the first according to the report filed with the Jefferson Circuit Court. Therefore, the trial court did not amend its findings relating to Sands’s competency. Subsequently, the Spencer Circuit Court ordered an additional evaluation on October 27, 2008. However, Sands refused to participate in the evaluation. A November 18, 2008 report referred to the first evaluation by KCPC which suggested, “exaggeration and fabrication of his psychiatric symptoms.” Dr. Timothy Allen opined that Sands’s behavior was “related to his personality style and not a direct result of a mental illness.”

Sands’s trial was scheduled for July 14, 2009. Accompanied by counsel, Sands appeared for trial and exhibited another outburst. The trial court removed him from the courtroom and ruled he would have to be tried in absentia due to his disruptive behavior. His counsel then expressed con[12]*12cern that Sands had not received adequate treatment from KCPC and that possibly he was incompetent. The court replied that it had consulted with KCPC and learned that it is unable to treat personality disorders. The court elaborated that KCPC had spent a significant amount of time evaluating Sands and that it found him to be a malingerer. Stating that it necessarily relies on professionals, the court refused to change its finding that Sands was competent.

When Sands returned to the courtroom, he informed the court that he was entering an Alford plea3 while preserving his right to appeal competency and treatment issues. Before accepting the plea, the court engaged in an extensive colloquy with Sands. Throughout the plea, Sands repeatedly stated he was pleading guilty so he could be released and could receive an appropriate level of medication. He also referred to “Bobby” as his alter ego who could suddenly appear and act in a disruptive manner.4

On the day of sentencing, Sands made a motion asking the court to allow him to withdraw his guilty plea. The court denied the motion. Sands received a total sentence of three years and ten months under both indictments.5 Additionally, he was required to be a lifetime registrant on the Sex Offender Registry and to be subject to a three-year period of supervised, sex offender conditional discharge. This appeal followed.

Although Sands presents his arguments regarding his competency and the volun-tariness of his plea as one issue, we must analyze it as two arguments. See Thompson v. Commonwealth, 147 S.W.3d 22 (Ky.2004). The first issue is whether the court properly found Sands competent to stand trial; the second is whether Sands’s guilty plea was knowing and voluntary.

A defendant is legally incompetent to enter a plea if he “lacks the capacity to appreciate the nature and consequences of the proceedings against him ... or to participate rationally in his ... defense[.]” Kentucky Rule of Criminal Procedure (“RCr”) 8.06; Kentucky Revised Statute (“KRS”) 504.060(4). Due process requires that an incompetent defendant cannot be prosecuted as long as the disability persists. Mills v. Commonwealth, 996 S.W.2d 473, 486 (Ky.1999). The same level of competency must be present to support a guilty plea. Smith v. Commonwealth, 244 S.W.3d 757, 760 (Ky.App.2008).

RCr 8.06 mandates that if a court has reasonable grounds to believe that the defendant might not be competent, it is bound to follow procedures dictated by KRS 504.100. That statute requires that the defendant must then be evaluated by a court-appointed psychiatrist or psychologist and then be afforded a competency hearing in court. We will not disturb the trial court’s determination of competency unless it was clearly erroneous; i.e., not supported by substantial evidence. Fu[13]*13gate v. Commonwealth, 62 S.W.3d 15, 18 (Ky.2001).

After our review, we agree that the court had substantial evidence to find that Sands was competent. Although Sands was diagnosed with personality disorders, these disorders per se do not render him incompetent. In Bray v. Commonwealth, 177 S.W.3d 741 (Ky.2005), the defendant had been diagnosed with paranoid personality disorder but was determined nonetheless to be legally competent to understand the nature of the charges against him and to assist in his own defense.

We have previously recognized that, even in the face of unanimous medical opinion of incompetency, a trial court may find a defendant competent and able to stand trial. “A judge is also entitled to consider the testimony of laypersons and his own observations and impressions based upon the conduct and testimony of the accused at the hearing.” Scott v. Commonwealth, 2005 WL 2045961 (Ky.App.2005). See also, Taylor v. Commonwealth, 2010 WL 2696340 (Ky.App.2010).

The record indicates that Sands was aware of the nature of the charges against him and that he was capable of providing assistance to his counsel. The KCPC psychiatrist detailed Sands’s high intelligence scores, and Sands submitted his own writings to the court. The court remarked upon the sophistication of his legal research and writing.

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Bluebook (online)
358 S.W.3d 9, 2011 Ky. App. LEXIS 148, 2011 WL 3207795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sands-v-commonwealth-kyctapp-2011.