State v. Barbre

499 So. 2d 1324
CourtLouisiana Court of Appeal
DecidedDecember 10, 1986
DocketCR86-10
StatusPublished
Cited by1 cases

This text of 499 So. 2d 1324 (State v. Barbre) 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. Barbre, 499 So. 2d 1324 (La. Ct. App. 1986).

Opinion

499 So.2d 1324 (1986)

STATE of Louisiana
v.
William E. BARBRE.

No. CR86-10.

Court of Appeal of Louisiana, Third Circuit.

December 10, 1986.

*1325 Tony C. Tillman, Leesville, for defendant-appellant.

William E. Tilley, Dist. Atty., Leesville, for plaintiff-appellee.

Before DOMENGEAUX, FORET and STOKER, JJ.

DOMENGEAUX, Judge.

Defendant in this case was arrested and charged by bill of information with four counts of armed robbery, a violation of La.R.S. 14:64, and with one count of possession of marijuana with intent to distribute, a violation of La.R.S. 40:966. After a jury trial, defendant was found guilty on all five counts. From this conviction, defendant now appeals.

FACTS

Between April of 1983 and July of 1984 three Vernon Parish businesses were robbed by a man armed with a gun. The L & M Quick Shop grocery store was robbed on April 9, 1983. The Hoagies and Heroes Shop in Leesville was robbed twice; once on August 5, 1983 and again on May 31, 1984. Also a Domino's Pizza employee was robbed outside of the Domino's Pizza Store on July 16, 1984.

In each case, the perpetrator was described as wearing blue jeans, an army fatigue field jacket, with a hood or wool cap, and a bandana across his nose and mouth. He was also described as carrying a small pistol.

The investigation of these robberies led to William E. Barbre, defendant in this case. Defendant, upon questioning, confessed in detail to all the robberies. A search of the defendant's residence also led to the discovery of sixteen one ounce plastic bags of marijuana and three quarter-pound bags of marijuana.

The defendant initially entered a plea of not guilty and not guilty by reason of insanity to each offense with which he was charged.

Upon defendant's application, the district court appointed a sanity commission to investigate and report on defendant's mental condition. After a hearing on the sanity commission's findings, the district court concluded that the defendant did have the mental capacity to stand trial. The district court also ruled on defendant's application for appointment of a psychiatrist to assist *1326 defendant in his defense. The district court concluded that defendant failed to establish that he was entitled to a court-appointed psychiatrist and, accordingly, refused defendant's request. Thereafter, defendant withdrew his pleas of not guilty and not guilty by reason of insanity and entered the plea of not guilty to all offenses with which he was charged.

After trial, the jury found defendant guilty on all counts. At the sentencing hearing, the district court sentenced defendant to serve a term of fifteen years at hard labor on each of the four armed robbery convictions, each to run consecutively. The district court also sentenced defendant to serve a term of five years at hard labor on the marijuana conviction, to run concurrently with the term for the last armed robbery conviction. The sentences on the armed robbery convictions were without benefit of parole, probation or suspension of sentence.

ASSIGNMENT OF ERROR NO. 1

In his first assignment of error, defendant contends that the trial court erred in failing to appoint a psychiatrist, at the State's cost, to examine defendant for the purpose of evaluating and preparing, and assisting in the preparation of defendant's defense.

Defendant argues that the United States Supreme Court decision in Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985) mandates a finding that the trial court erred. In Ake, the Court was faced with the issue of whether the United States Constitution requires that an indigent defendant have access to the psychiatric examination and assistance necessary to prepare an effective defense based on his mental condition, when his sanity at the trial of the offense is seriously in question. In affirmatively answering that issue, the Court stated: "We therefore hold that when a defendant demonstrates to the trial judge that his sanity at the time of the offense is to be a significant factor at trial, the State must, at a minimum, assure the defendant access to a competent psychiatrist who will conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense." Ake, 470 U.S. at 83, 105 S.Ct. at 1097.

In applying this standard to the facts before it, the Court concluded that the defendant, Ake, was entitled to a court appointed psychiatrist to assist in his defense. In reaching this conclusion, the Court made the following observations:

"On the record before us, it is clear that Ake's mental state at the time of the offense was a substantial factor in his defense, and that the trial court was on notice of that fact when the request for a court-appointed psychiatrist was made. For one, Ake's sole defense was that of insanity. Second, Ake's behavior at arraignment, just four months after the offense, was so bizarre as to prompt the trial judge, sua sponte, to have him examined for competency. Third, a state psychiatrist shortly thereafter found Ake to be incompetent to stand trial, and suggested that he be committed. Fourth, when he was found to be competent six weeks later, it was only on the condition that he be sedated with large doses of Thorazine three times a day, during trial. Fifth, the psychiatrists who examined Ake for competency described to the trial court the severity of Ake's mental illness less than six months after the offense in question, and suggested that this mental illness might have begun many years earlier ... Finally, Oklahoma recognizes a defense of insanity, under which the initial burden of producing evidence falls on the defendant."

Ake v. Oklahoma, 470 U.S. 68, 86, 105 S.Ct. 1087, 1098 (1985).

The facts before this Court are considerably different than those before the Court in Ake. In this case, Dr. Kenneth Birchard, a psychiatrist, and Dr. S.J. Jones, examined defendant at the trial court's request, prior to trial. These doctors' findings were submitted to the trial court to determine defendant's mental capacity to stand trial. Both doctors concluded after examinations of the defendant that he was *1327 sane at the time the offenses were allegedly committed.

Defendant argues here that the doctors, in evaluating his mental condition, did not sufficiently consider the effects of head injuries he received in a motorcycle accident in 1979. We note here that Doctor Jones' report specifically mentions the 1979 accident and defendant's semicomatose condition for one and one-half months thereafter. Doctor Birchard's report does not mention the accident. We further note that the record does not reveal any basis upon which we can conclude that either doctor failed to competently evaluate defendant's mental condition. We conclude, therefore, that the trial court's reliance on the conclusions of the sanity commission in reaching its decision not to appoint a psychiatrist to assist defendant was not error.

Under the Ake test, defendant must demonstrate to the trial judge that his sanity at the time of the offense is to be a significant factor at trial. In this case, defendant pled not guilty and not guilty by reason of insanity to the armed robbery charges. The defendant failed to make any additional showing which would indicate to the trial judge that his sanity at the time of the offense would be a significant factor at trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Howard
626 So. 2d 459 (Louisiana Court of Appeal, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
499 So. 2d 1324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barbre-lactapp-1986.