State v. Brantley

514 So. 2d 747
CourtLouisiana Court of Appeal
DecidedOctober 28, 1987
Docket19111-KA
StatusPublished
Cited by2 cases

This text of 514 So. 2d 747 (State v. Brantley) 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. Brantley, 514 So. 2d 747 (La. Ct. App. 1987).

Opinion

514 So.2d 747 (1987)

STATE of Louisiana, Appellee,
v.
Olan Wayne BRANTLEY, Appellant.

No. 19111-KA.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1987.

*748 Davenport, Files & Kelly by Tom Davenport, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., James A. Norris, Jr., Dist. Atty., John Spires, Asst. Dist. Atty., Monroe, for appellee.

Before HALL, MARVIN and NORRIS, JJ.

NORRIS, Judge.

Olan Wayne Brantley was charged by bills of information with multiple counts of issuing worthless checks, LSA-R.S. 14:71. He pled not guilty and not guilty by reason of insanity. On the basis of a sanity commission's recommendation that he was competent to stand trial, Brantley proceeded to a bench trial. The trial court found the evidence insufficient on some of the counts and entered not guilty verdicts on them, but found Brantley guilty on two counts, one less than $100 and the other in excess of $500. In well-considered oral reasons, the court rejected the insanity defense. It sentenced Brantley to six months in parish jail on the misdemeanor and six years at hard labor on the felony, to be served concurrently.[1] Brantley now appeals, claiming that the evidence was insufficient to support the verdict and that the sentence is excessive. For the reasons expressed, we affirm.

The felony charge arose out of an incident at Bennett Electric Company in Bastrop. On June 22, 1985, Brantley came to the store and bought a Quasar TV and VCR. Mrs. Bennett, who runs the store with her husband, wrote up the receipt and accepted the check. She positively identified Brantley at trial and remembered the details of the transaction. When Brantley said he would pay by check, he produced a blank "counter check" from Marion State Bank. A "counter check" does not have the account-holder's name imprinted but is a blank form provided as a convenience when a depositor runs out of personalized checks. Brantley asked Mrs. Bennett to fill in the payee's name and the amount; he then signed the check and wrote in his address and phone number. Mrs. Bennett looked at his driver's license and copied the license number onto the check. She described Brantley as well-dressed and outgoing; she noted that he talked with her husband a good deal. Brantley left with the merchandise. When Mrs. Bennett deposited the check, it came back marked "no account." The Bennetts mailed him a ten-day notice of nonpayment in accord with LSA-R.S. 14:71A(2), but they never received a cent of the $898.70; however, Brantley's mother, Mrs. McKinney, wrote to Mr. Bennett, acknowledging the check and asking for a description of the property so she might return it or pay for it in installments. It was never returned.

The state presented the testimony of Deborah Foley, an expert handwriting analyst, who compared examplars of Brantley's handwriting with the signature and other writing on the check. She concluded that the identification was positive.

The state also called as a witness Mrs. McKinney, Brantley's mother, who testified that since 1978 or 1979, he had been in constant trouble with bad checks. She testified, however, that her son had mental problems and was probably not aware that *749 he had written the checks; at least he has always denied it when confronted. According to Mrs. McKinney, the problems began when Brantley's uncle was killed in an automobile accident; about the same time, Brantley sustained a serious back injury and received a large workers compensation settlement. He quickly spent the money and got in trouble with his first bad check.

Several witnesses described the manifestations of Brantley's mental condition. He was subject to serious mood swings, sometimes hyperactive and energetic, sometimes seriously depressed. During the hyperactive phases, he was talkative, "fractious," and able to tell fantastic stories; during depressed phases he was restless, isolated and unable to sleep. He initially underwent treatment at the LSU Medical Center under Dr. Steinberg in May and June 1980, where he was diagnosed as a manic depressive. He was placed on a medication, lithium, to keep the condition under control.

There was also a great deal of expert medical evidence, all of which came in the form of reports and transcripts of sanity commission testimony. When he was first prosecuted for a worthless check, he claimed insanity and was examined by Dr. Richie as part of a sanity commission. Dr. Richie's report of September 1980 concurred in the diagnosis of manic depression and expressed the opinion that the alleged spending spree was a result of delusions associated with the manic phase. Dr. Richie noted that with the administration of the proper drugs, lithium carbonate and Tofranil, Brantley's condition was held in control and he was competent to proceed. He reiterated, however, that the illness prevented Brantley from distinguishing right from wrong at the time of the offense. Dr. Dearman, the other member of the commission, expressed the same opinion. On the basis of these diagnoses, the trial court found him not guilty by reason of insanity. He was committed to the Central State Hospital in Alexandria for treatment in February 1981. The physicians advised that though manic depression is not curable, it may be kept in remission by the constant administration of lithium. Carl Gardner, a nurse who has recently treated Brantley, said that if Brantley could maintain a lithium level of .78 to 1.0, his behavior would be normal. The reports from Central State Hospital indicate that Brantley seemed well enough to be discharged within 60 days of admission, but by court order he was held until August 1981, approximately five and a half months.

Once out, Brantley resumed writing checks without an account. He claimed not to remember any of the alleged incidents. He complained about having to take medicine for the rest of his life without ever getting well, and sometimes stopped taking it altogether. Mrs. McKinney and another relative, Mr. Manning, confirmed that he periodically went without the lithium and that his conduct would then become erratic. They suspected that his criminal conduct occurred when his lithium level had dropped too low.

In 1982, Brantley was again prosecuted for issuing worthless checks. He was jailed in March on two counts. In June, he was rushed to E.A. Conway Hospital in Monroe after an attempted suicide. Dr. Anderson, who treated him, noted complaints of severe headaches and hallucinations. He confirmed the diagnosis of manic depression but felt that it was in remission. Another sanity commission was ordered, in which Dr. Erwin found that Brantley was not presently competent to proceed. The trial court agreed and ordered him committed once again, in October 1982, to Central State Hospital. The record does not show the exact length of this stay; he estimated it at six or seven months. The record does include medical reports from Drs. Lowe and Angell, who examined Brantley in May 1983, and reported that he was competent to stand trial. Apparently no official action was taken pursuant to these reports.

Upon release, Brantley again resumed writing bad checks. In March 1984, he admitted himself to Woodland Hills Hospital in West Monroe, where he was examined by Dr. Sherman, who found him to be in a "hypomaniac" state, less severe than true mania. After a few days at Woodland Hills, Brantley checked out and immediately *750 admitted himself to Brentwood in Shreveport. There he was examined by Dr. Richie, who had previously seen him in September 1980 and had issued the report that led to his first commitment. This time, however, Dr.

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Related

State v. Washington
700 So. 2d 1068 (Louisiana Court of Appeal, 1997)

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514 So. 2d 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brantley-lactapp-1987.