State v. Stewart

493 So. 2d 227, 1986 La. App. LEXIS 7476
Louisiana Court of Appeal·Decided July 23, 1986·No. No. 86-KA-48·Published·Cited by 2 cases

Opinions

J. BRUCE NACCARI, Judge Pro Tem.

The current appeal by Floyd Stewart, stems from an order by the trial court to deny Stewart’s release from the Feliciana [229]*229Forensic Facility. Stewart was committed to the Facility after he pled not guilty and not guilty by reason of insanity to three counts of aggravated arson and one count of simple arson. On a prior occasion, Stewart requested a discharge from the Facility which was also denied by the trial court. That judgment was upheld by this court in State v. Stewart, 467 So.2d 1324 (La.App. 5th Cir.1985). For reasons which follow, we again affirm the holding of the district court.

The facts of the case as reported in State v. Stewart, supra are provided below:

Floyd Stewart was arrested following a series of fires occurring over a period of time in St. James Parish. Notably, one of the fires for which he was charged was set in the apartment in which he lived with his mother, Eva Stewart, while she was sleeping. Ms. Stewart was not harmed. Following his arrest but prior to trial, Stewart’s counsel moved the court for a stay of proceedings pending the results of two psychiatric evaluations. The court granted the stay and the two evaluations were made and filed into the record. Shortly thereafter, Stewart entered his plea and was committed to the facility on April 5, 1982. The psychiatrist’s reports and evaluations have been submitted to the trial court which committed Stewart and they now form part of the instant record.
Shortly after admittance, Stewart was diagnosed as having a number of problems: Poor impulse control, anti-social personality (which cannot be cured), epileptic seizures which must be treated with medication, a lack of insight into personal problems as well as refusal to accept responsibility for wrongful actions, homosexuality, borderline intelligence, and a history of drug and alcohol abuse. It was noted by one of the treating physicians that alcohol combined with certain frustrating events related to defendant’s homosexuality seemed to result in Stewart setting the fires.
Over one year following defendant’s commitment, he petitioned for and was allowed twelve-hour passes restricted to East and West Feliciana Parishes; these passes were later modified to weekend passes and visitation privileges in St. James Parish. The State did not oppose the granting of these passes; however, the State now opposes the relief appellant seeks herein.

Stewart, supra at 1325.

This Court in affirming the district court judgment assigned the following reasons:

We agree with the trial judge that the defendant failed to carry his burden of proof under La.C.Cr.P. art. 657. Although the evidence shows considerable improvement in defendant’s mental condition since commitment, we are of the opinion he has not reached the point of being cured....
There are several factors which lead us to believe the trial judge was correct in not ordering the discharge or release of defendant. First is the fact defendant was not quite cured of his mental problems and that these problems are directly connected to his dangerousness. Included in this factor is the number and complexity of the problems defendant exhibited when he was committed, as described earlier in this opinion. Also of concern is one of the treating psychiatrist’s statements in a progress report that in her opinion, pyromaniacs are recidivist. [footnote omitted] Another persuasive factor, as noted by the trial judge, is that the Superintendent of the facility did not specifically recommend Stewart’s release in the report he made to the court in accordance with La.C. Cr.P. art. 655. Finally, we cannot overlook the serious nature of the crimes committed by defendant. He was accused of setting several fires, one of which involved the apartment where he lived with his mother.
Defendant would like this court to consider only the testimony of Dr. Pennington in reaching its decision. To do this, however, would be contrary to the entirety of the evidence in the record. Our review of the record convinces us the [230]*230trial judge did not err in rejecting the recommendation of Dr. Pennington and basing its decision on the other evidence present in the record. Such was the case in State v. Rambin, 427 So.2d 1248 (La.App. 2nd Cir.1983), writ den. 433 So.2d 153 (La.1983). In Rambin, the Second Circuit held the trial court did not err in rejecting the recommendations of the psychiatrists who testified at the contradictory hearing, and in finding based on other evidence in the record that defendant presented a danger to himself and others and could not safely be discharged or released on probation.

(Id. at 1326-1327)

The opinion was rendered by this court April 15, 1985. Four months later, on August 26, 1985, the Clinical Director and Chief Executive Officer of the Feliciana Forensic Facility jointly authored a letter to the district court judge stating that Mr. Stewart’s mental condition has stablized without chemotherapy and pursuant to La. C.Cr.P. art. 655 and Jackson v. Foti, 670 F.2d 516 (5th Cir.1982) Mr. Stewart was requesting a contradictory hearing to determine if he should be released or discharged on probation from the Feliciana Forensic Facility. It is noted by this court that the letter again did not specifically recommend Stewart’s release. Following receipt of the letter, the district court judge ordered a hearing which was held October 11, 1985.

At the conclusion of the hearing, the trial court ordered Stewart be recommitted to the Facility. However, the court authorized that Stewart be granted passes based upon the internal control system of the Facility rather than as authorized by the court. The court noted that if Stewart could manage the extended passes without incident over a period of time, the court could make a more informed judgment as to his future behavior if released.

Appellant submits two assignments of error:

(1) Whether or not the Trial Judge was in error when he ruled that Floyd Stewart should not be released or placed on probation from the Feliciana Forensic Facility where he was committed on April 5, 1982 on a “not guilty and not guilty by reason of insanity” plea.

(2) Whether or not the Trial Judge committed reversible error when he refused to allow Trial counsel for the defendant to withdraw from his defense on the morning of the trial when she stated that she was not prepared to conduct a proper hearing on behalf of the defendant Floyd Stewart.

The first assignment of error is based on the contention that the appellant carried his burden of proof, illustrating to the trial court that he is not a danger to himself or others. Appellant’s counsel basis his argument on State v. Collins, 381 So.2d 449, 451 (La.1980) which held:

The evidence in the instant case is convincing that the proper course in the trial court was to release the relator subject to such probationary conditions as would insure his compliance with the prescribed medical regimen. C.Cr.P. 657 allows a committed person an opportunity to prove that he should be released on probation.

In Collins,

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State v. Stewart, 493 So. 2d 227, 1986 La. App. LEXIS 7476 (La. Ct. App. 1986).

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