State v. Ashworth

554 So. 2d 271, 1989 WL 151566
CourtLouisiana Court of Appeal
DecidedDecember 13, 1989
DocketCR89-338
StatusPublished
Cited by12 cases

This text of 554 So. 2d 271 (State v. Ashworth) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ashworth, 554 So. 2d 271, 1989 WL 151566 (La. Ct. App. 1989).

Opinion

554 So.2d 271 (1989)

STATE of Louisiana, Plaintiff-Appellee,
v.
Jake A. ASHWORTH, Jr., Defendant-Appellant.

No. CR89-338.

Court of Appeal of Louisiana, Third Circuit.

December 13, 1989.

*272 Richard A. Morton, DeRidder, for defendant-appellant.

William C. Pegues, III, Dist. Atty., DeRidder, for plaintiff-appellee.

Before DOMENGEAUX, YELVERTON and KING, JJ.

KING, Judge.

Numerous issues are presented by this appeal but the main issue is whether defendant's statement was free and voluntary.

Jake A. Ashworth, Jr. (hereinafter defendant) was charged by bill of information on June 26, 1987 with one count of attempted *273 simple burglary, a violation of La.R.S. 14:27 and 14:62; one count of simple burglary, a violation of La.R.S. 14:62; and one count of theft, a violation of La.R.S. 14:67. Defendant was found mentally incapable of proceeding to trial on October 29, 1987 and was committed to the Feliciana Forensic Facility. On May 31, 1988, the trial judge found defendant had regained his mental capacity to stand trial. On October 21, 1988, defendant was tried before a jury which unanimously found defendant guilty as charged. After a sentencing hearing, the trial judge sentenced defendant to serve a term of six years at hard labor for attempted simple burglary, ten years at hard labor for simple burglary, and two years at hard labor for theft. All sentences were ordered to run concurrently. Defendant appeals his conviction and sentence, urging seven assignments of error. We affirm.

FACTS

On the night of May 1, 1987, defendant broke a window of Adam's Building Supply, Inc., a business located in DeRidder, Louisiana. Because he was unable to enter the building through the broken window, defendant proceeded to the building next to Adam's Building Supply, Inc., which housed another place of business. He broke into this second business and took between $160.00 and $170.00.

Defendant was arrested on June 8, 1987 for these crimes, advised of his legal rights, and booked into jail. While held in a cell at the Beauregard Parish Jail, defendant stopped Sergeant Ricky Anderson and stated that he wanted to talk about some of the incidents that had occurred. Sergeant Anderson brought defendant to the police department. Defendant then gave a written statement in the presence of Sergeant Anderson, a patrolman, Kenneth Spitzer, and the Chief of Police, Alvin Malone. This statement was given on the day of arrest, June 8, 1987.

On October 29, 1987, a hearing was held to determine defendant's capacity to stand trial. The reports of three doctors, Dr. Etienne R. Brown and Dr. S.P. Ghanta of DeRidder, Louisiana, and Dr. Gillis R. Morin of Lake Charles, Louisiana, were introduced into evidence. The trial court found that defendant was not capable of proceeding to trial or aiding in his own defense and committed defendant to the Feliciana Forensic Facility. Defendant later regained his mental capacity and, on May 31, 1988, the trial judge found defendant capable of standing trial.

On September 12, 1988, the defendant, having originally pled not guilty to all three charges, changed his plea to not guilty and not guilty by reason of insanity.

Defendant then moved to suppress his statement of June 8, 1987. The hearing on the motion to suppress was held, in part, on October 12, 1988, and completed on October 20, 1988, the date of trial. The trial judge denied defendant's motion to suppress and, after a two day jury trial, defendant was convicted as charged. Defendant appeals his conviction urging seven assignments of error.

(1) The trial court erred in denying defendant's pro se Motion for Bill of Particulars which was filed on or about July 22, 1988;
(2) The trial court erred in denying defendant's Motion to Suppress his statement made on June 8, 1987, and in allowing the statement to be admitted into evidence at trial;
(3) The trial court erred in denying defendant's Motion for Mistrial which was based upon the improper and prejudicial remarks of the prosecuting attorney during his closing arguments, which Motion for Mistrial was made immediately following the trial court's instructions to the jury;
(4) The trial court erred in denying defendant's Motion for Mistrial which was based upon the trial court's heavy-handed interrogation and intimidation of Dr. Supriya P. Ghanta during the hearing on defendant's Motion to Suppress his statement, which Motion was made immediately following the trial court's instructions to the jury;

(5) The trial court erred in denying defendant's Motion for New Trial in that *274 the jury verdict was contrary to the law and the evidence;

(6) The trial court erred in denying defendant's Motion for Post-Verdict Judgment of Acquittal in that defendant sustained his burden of proving that he was legally insane at the time of the offense and the evidence, even when viewed in a light most favorable to the State, does not reasonably permit a finding of guilty; and
(7) The trial court erred in sentencing defendant to an excessive sentence which amounts to cruel and unusual punishment, in light of defendant's history of mental illness.

ASSIGNMENT OF ERROR NUMBER 1

Defendant contends, by this assignment of error, that the trial court erroneously denied his pro se motion for a bill of particulars which was filed on July 22, 1988.

In a handwritten letter filed with the Clerk of Court, defendant requested a bill of particulars for the crimes with which he had been charged. The trial court denied his motion, stating that defendant's request was untimely and that defendant had shown no good cause why additional time should be allowed. Under La.C.Cr.P. Art. 484 and Art. 521, a motion for a bill of particulars must be filed within fifteen days after arraignment unless a longer time is granted by the court, or unless there is a showing of good cause. The granting or refusal of a bill of particulars is within the discretion of the trial court and will not be disturbed unless a clear abuse of discretion is shown. La.C.Cr.P. Art. 484; State v. Burch, 365 So.2d 1263 (La.1978).

Defendant did not file his motion within the time permitted by law, nor did he show good cause why the time for filing should have been extended. He did not reurge his motion particularizing his request after its denial. We also note that defendant was represented by capable counsel at the time he filed this motion in proper person. Under these circumstances, the trial court did not abuse its discretion in denying defendant's pro se motion for a bill of particulars. We find this assignment of error to be without merit.

ASSIGNMENT OF ERROR NUMBER 2

Defendant contends that the trial court erred in denying defendant's motion to suppress the statement he made to the police on June 8, 1987, and in allowing that statement to be admitted into evidence at trial. Defendant argues that because he suffers from schizophrenia and is a borderline retardate that these mental conditions precluded him from making a knowing, intelligent, and voluntary waiver of his constitutional rights.

Before the State may introduce into evidence what purports to be a confession or statement of a defendant, it must first affirmatively show that it was freely and voluntarily given and was not made under the influence of fear, duress, menaces, threats, inducements, or promises. La.C. Cr.P. Art. 703(G); La.R.S. 15:451; State v. Benoit, 440 So.2d 129 (La.1983); State v. Golmon,

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Bluebook (online)
554 So. 2d 271, 1989 WL 151566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ashworth-lactapp-1989.