State v. Bello

161 So. 3d 720, 14 La.App. 3 Cir. 19, 2014 La. App. LEXIS 1242, 2014 WL 4160081
CourtLouisiana Court of Appeal
DecidedMay 7, 2014
DocketNo. 14-19
StatusPublished

This text of 161 So. 3d 720 (State v. Bello) 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. Bello, 161 So. 3d 720, 14 La.App. 3 Cir. 19, 2014 La. App. LEXIS 1242, 2014 WL 4160081 (La. Ct. App. 2014).

Opinion

CONERY, J.

hOn March 12, 2008, Defendant, Eric J. Bello, was indicted for the second degree murder of his first cousin, Pauline Bryant. A sanity hearing was held on August 19, [722]*7222009, and again on May 19, 2010. Following the hearings, the trial court found Defendant competent and capable to proceed to trial. On November 18, 2010, Defendant changed his not-guilty plea to not guilty by reason of insanity.

On November 7, 2011, a second “Motion to Appoint Sanity Commission” was filed. Hearings were held on January 1, 2012, and September 12, 2012. On October 31, 2012, the trial court again adjudicated Defendant competent and capable to proceed to trial. Defendant was subsequently found guilty of second-degree murder. He was sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence.

Defendant has perfected a timely appeal wherein he alleges that the trial court erred when it adjudicated him competent and capable to proceed to trial. For the following reasons, we find that Defendant’s assignment of error lacks merit.

FACTS

On November 4, 2008, Defendant shot his first cousin, Pauline Bryant. Ms. Bryant died as a result of the gunshot wound. Defendant remained with Ms. Bryant’s body for about forty-eight hours before calling 911.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find that there is one error patent.

Defendant was informed at sentencing that he had two years within which to file an application for post-conviction relief. Louisiana Code of Criminal ^Procedure Article 930.8(A) provides that the defendant has two years after the conviction and sentence become final to seek post-conviction relief. In line with this court’s past jurisprudence, we find the trial court’s advisement insufficient and we direct the trial court to inform Defendant of the provisions of La.Code Crim.P. art. 930.8(A) by sending appropriate written notice to Defendant within thirty days of the rendition of this opinion and to file written proof in the record that Defendant received the notice. State v. Conway, 12-525 (La.App. 3 Cir. 11/7/12), 101 So.3d 1132; State v. Celestine, 11-1403 (La.App. 3 Cir. 5/30/12), 91 So.3d 573; State v. Grace, 10-1222 (La.App. 3 Cir. 4/6/11), 61 So.3d 812, writ denied, 11-961 (La.10/21/11), 73 So.3d 382.

ASSIGNMENT OF ERROR

Defendant argues that the trial court erred when it adjudicated him capable of assisting in his defense. He asserts that he has proven by a preponderance of the evidence to have a “highly probable diagnosis of Paranoid Schizophrenia,” which rendered him incapable of assisting in his own defense and, hence, not competent to stand trial.

In State v. Bennett, 345 So.2d 1129, 1138 (La.1977), the Louisiana Supreme Court stated that the appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include:

whether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are available; whether he can distinguish a guilty plea from a not guilty plea and understand the consequences of each; whether he has an awareness of his legal rights; and whether he understands the range of possible verdicts and the consequences of conviction.

[723]*723In addition, the supreme court provided factors to consider in determining an accused’s ability to assist in his defense:

|swhether he is able to recall and relate facts pertaining to his actions and whereabouts at certain times; whether he is able to assist counsel in locating and examining relevant witnesses; whether he is able to maintain a consistent defense; whether he is able to listen to the testimony of witnesses and inform his lawyer of any distortions or misstatements; whether he has the ability to make simple decisions in response to well-explained alternatives; whether, if necessary to defense strategy, he is capable of testifying in his own defense; and to what extent, if any, his mental condition is apt to deteriorate under the stress of trial.

Id.

The supreme court further provided that “[t]he decision as to a defendant’s competency to stand trial should not turn solely upon whether he suffers from a mental disease or defect, but must be made with specific reference to the nature of the charge, the complexity of the case and the gravity of the decisions with which he is faced.” Id. Moreover, the supreme court stated:

The defense carries the burden of proving by a clear preponderance of the evidence that, as a result of a mental disease or defect, he lacks the capacity to understand the proceedings against him or to assist in his defense. Moreover, the judge’s determination of a defendant’s present mental capacity is entitled to great weight and his ruling will be reversed only if it is clearly erroneous.

Id. at 1132 (citations omitted).

In the instant case, at the August 19, 2009 sanity commission hearing, Dr. James M. Anderson, a Lake Charles medical doctor board-certified in psychiatry and neurology, testified that he evaluated Defendant on May 22, 2009. He conducted a fifty-five minute session with Defendant where he assessed Defendant’s general fund of knowledge and medical and psychiatric history. He also had Defendant complete a McGarry Competency Assessment test. Dr. Anderson stated that although Defendant was sometimes “inappropriate and somewhat guarded and evasive,” he was able to understand the role of his attorney |4and knew the difference between guilty and not guilty by reason of insanity. He also knew the difference between the participants, such as the judge, jury, and witnesses. He knew that he was charged with second-degree murder and the consequences if he was found guilty.

Dr. Anderson reported that Defendant told him he was a college graduate with a degree in business management from Brigham Young University in Hawaii. Dr. Anderson stated that the medications Defendant was taking at the time of the evaluation were Hydrochlorothiazide, Am-lodipine, Enalapril, and Zoloft, which were medications for anti-hypertension and depression. Dr. Anderson found Defendant to be cooperative but calculating in his answers. Dr. Anderson stated that when he asked Defendant if he had a history of any psychiatric hospitalization, Defendant said, “[c]ould you be more specific with the question?” In the context of the evaluation, Dr. Anderson found Defendant evasive and manipulative. However, as noted, Dr. Anderson found him competent to stand trial and memorialized his findings in a formal letter that was introduced into evidence.

Dr. Charles Robertson, a Lake Charles neuropsychologist, testified on the issue of Defendant’s capacity to assist in his defense at the May 19, 2010 hearing. Dr. [724]*724Robertson stated that he saw Defendant on May 8, 2009, in his office for approximately an hour. Dr. Robertson also found Defendant to be competent to proceed to trial. Dr. Robertson stated that Defendant reported no history of any psychosis but that he had been treated for depression.

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Cite This Page — Counsel Stack

Bluebook (online)
161 So. 3d 720, 14 La.App. 3 Cir. 19, 2014 La. App. LEXIS 1242, 2014 WL 4160081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bello-lactapp-2014.