State v. Reese

774 So. 2d 1164, 2000 WL 1854096
CourtLouisiana Court of Appeal
DecidedDecember 20, 2000
Docket34,275-KA
StatusPublished
Cited by9 cases

This text of 774 So. 2d 1164 (State v. Reese) 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. Reese, 774 So. 2d 1164, 2000 WL 1854096 (La. Ct. App. 2000).

Opinion

774 So.2d 1164 (2000)

STATE of Louisiana, Appellee,
v.
David M. REESE, Appellant.

No. 34,275-KA.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2000.

*1167 Wilson Rambo, Jay Nolen, David M. Reese, Counsel for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, David O'Brian Harkins, Jr., Assistant District Attorney, Counsel for Appellee.

Before NORRIS, C.J., and STEWART and GASKINS, JJ.

NORRIS, Chief Judge.

The defendant, David Reese, appeals his conviction on one count of second degree kidnapping, a violation of La.R.S. 14:44.1, and sentence to ten years at hard labor. For the reasons expressed herein, we affirm.

Factual Background

David Reese was married to Judy Reese in 1990 and divorced in 1995. In the early morning hours of July 13, 1997, Reese called his ex-wife asking her if their twin 12 year old daughters could accompany him to church that day. Judy replied that she would have to wait until later to give him an answer. Shortly thereafter, Reese arrived, unannounced, at Judy's house with his 15 month old baby, met Judy at the front door, and entered. Judy's boyfriend (now husband), Michael Parks, was in the house, having spent the night. After Reese entered the house and began walking down a hallway towards the bedroom, Parks hit him from behind on the shoulder with a three foot hammer handle. Seeing the baby in Reese's arms, Parks disengaged, but Reese nevertheless became infuriated, placed the baby on the floor, grabbed Judy around the neck and forced her into the bathroom at gunpoint, using a gun he had brought. He then ordered Parks to leave, threatening to kill Judy if he did not comply. At some point, Reese's twin daughters, Amber and Ashley, came running out of their bedroom. Reese captured Ashley by her hair and dragged her into the bathroom with him and Judy; Amber evaded capture. Ashley eventually escaped before the police arrived. Reese also threatened to kill himself. The police SWAT team arrived, and after a standoff, Reese surrendered his weapon and released his captives. No one sustained any injuries.

By Bill of Information, Reese was charged with two counts of second degree kidnaping in violation of La. R.S. 14:44.1. On August 4, 1997, after waiving formal arraignment, Reese entered a plea of not guilty. On August 18, 1997, Reese again waived formal arraignment, and substituted a plea of not guilty and not guilty by reason of insanity. On August 21, 1997, Reese filed a Motion for Appointment of Sanity Commission.

On November 3, 1997, the district court ordered the appointment of psychiatrists Dr. Aris Cox and Dr. Frank Weinholt to examine Reese's competency to stand trial and to determine whether Reese could differentiate between right and wrong at the time of the offense.

Dr. Weinholt examined Reese in jail on February 14, 1998, concluding that Reese was competent to stand trial and competent at the commission of the crime. Dr. Cox agreed that Reese was competent to stand trial but opined that he was psychotic at the time of the offense. On July 20, 1998, a third sanity commission member, Dr. L. Saxon Elliott, a clinical psychologist, was appointed to determine whether Reese was competent to stand trial and assist in his defense. Dr. Elliott also concluded that Reese was competent to proceed to trial.

*1168 Noting the differing opinions of the psychiatrists, the district court, in a hearing conducted on February 10, 1999, committed Reese to East Feliciana State Hospital for a further determination of his mental status at the time of offense and ability to stand trial. The hospital's staff ultimately found Reese competent to stand trial; Reese did not dispute this finding, but on August 12, 1999 requested a re-examination by the Sanity Commission hearing to determine whether he was legally capable to distinguish between right and wrong at the time of the offense. The district court granted this motion and set a hearing date.

On January 3, 2000, Reese, through counsel, informed the court that he desired to waive his right to a jury trial. The court then advised the defendant of his right to, the benefits of, and the procedures connected with a jury. After being so advised, Reese maintained his desire to waive trial by jury. The state also agreed to proceed to trial on only one count of the Bill of Information.

Thereafter, trial began, and after hearing the testimony offered by both sides, the court rejected Reese's sanity defense, finding that Reese was not insane at the commission of the offense and also found Reese guilty of second degree kidnapping. A pre-sentence investigation was ordered by the court prior to sentencing.

On February 17, 2000, the trial court sentenced Reese to ten years at hard labor, with the first two years to be served without benefit of probation, parole, or suspension of sentence. Defense counsel made an oral motion for reconsideration, which was denied. This appeal followed.

Discussion—Competency to Stand Trial

By his first assignment of error, Reese contends that the district court erred in finding him competent to stand trial. Interestingly, however, Reese does not brief this issue, rather arguing in brief that the trial court erred in rejecting his insanity defense, a completely different basis for appeal than that assigned as error.

Typically, a mere statement of an assignment of error in a brief does not constitute briefing of the assignment, and as such, the assignment is deemed abandoned. State v. Toney, 26,711 (La.App.2d Cir.3/1/95), 651 So.2d 387; State v. Williams, 632 So.2d 351 (La.App. 1st Cir. 1993), writ denied, 94-1009 (La.9/2/94), 643 So.2d 139. Moreover, a new basis for an objection cannot be raised for the first time on appeal. State v. Cressy, 440 So.2d 141 (La.1983); State v. O'Neal, 501 So.2d 920, 924 (La.App. 2d Cir.), writ denied, 505 So.2d 1139 (1987); La.C.Cr.P. art. 841.

In the present case, however, although the stated assignment of error is not argued, La.C.Cr.P. art. 642 mandates that even in a case where a defendant does not object to any further proceedings, the issue of his mental capacity to proceed must be resolved before prosecution may continue. State v. Carney, 25,518 (La.App.2d Cir.10/13/95), 663 So.2d 470. This is because a defendant's mental capacity to proceed may be raised at any time and once raised, no further steps in the prosecution, except the institution of prosecution, shall be taken until the court, in a specific finding of fact, determines that the defendant has the mental capacity to proceed. La.C.Cr.P art. 642; State v. Nomey, 613 So.2d 157, 161 (La.1993); State v. Carney, 25,518 (La.App.2d Cir.10/13/95), 663 So.2d 470. Pursuant to La.C.Cr.P. art. 647, this determination shall be made by the court in a contradictory hearing. Accordingly, the record must reflect that the trial court made a determination of whether or not reasonable grounds exist to doubt the defendant's capacity to proceed. La.C.Cr.P. art. 642; Carney, supra.

In the present case, the record of the August 12, 1999 hearing indicates that the court reviewed the reports from the sanity commission as well as the staff of East Feliciana Hospital, all concluding that Reese was competent to stand trial. The defense did not object to this information. The court, considering this information, found that Reese was competent to assist *1169 counsel. The defense did not object to this finding, and, as a practical matter, does not raise the issue on appeal.

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

Related

State v. Darnell
988 So. 2d 870 (Louisiana Court of Appeal, 2008)
State v. Ellis
966 So. 2d 139 (Louisiana Court of Appeal, 2007)
State v. Ford
911 So. 2d 925 (Louisiana Court of Appeal, 2005)
State v. Taves
861 So. 2d 144 (Supreme Court of Louisiana, 2003)
State v. Taves
846 So. 2d 1 (Louisiana Court of Appeal, 2003)
State v. McLeod
843 So. 2d 1268 (Louisiana Court of Appeal, 2003)
State v. Gleason
836 So. 2d 1165 (Louisiana Court of Appeal, 2003)
State v. Powell
796 So. 2d 91 (Louisiana Court of Appeal, 2001)
State v. Wood
793 So. 2d 441 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
774 So. 2d 1164, 2000 WL 1854096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reese-lactapp-2000.