626 P.2d 327 (Okla.Crim.App. 1981), F-79-486, Beck v. State

Docket NºF-79-486.
Citation626 P.2d 327
Party NameHerman BECK, Appellant, v. The STATE of Oklahoma, Appellee.
Case DateMarch 17, 1981
CourtCourt of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma

Page 327

626 P.2d 327 (Okla.Crim.App. 1981)

Herman BECK, Appellant,

v.

The STATE of Oklahoma, Appellee.

No. F-79-486.

Court of Criminal Appeals of Oklahoma.

March 17, 1981.

Page 328

James O. Goodwin, Goodwin & Goodwin, Tulsa, for appellant.

Jan Eric Cartwright, Atty. Gen., David W. Lee, Asst. Atty. Gen., Susan M. Otto, Legal Intern, for appellee.

OPINION

BRETT, Presiding Judge:

Herman Beck was charged in the District Court of Tulsa County, Case No. CRF-77-2815, with Robbery with Firearms in violation of 21 O.S.Supp.1973, § 801. A trial resulted in a hung jury. The case was subsequently submitted to the judge on the basis of the preliminary hearing and trial transcripts, the appellant having waived his right to a trial by jury. The court found the appellant guilty as charged and sentenced him to fifteen (15) years' imprisonment.

The appellant first alleges two assignments of error at his first trial which was declared a mistrial. Because no judgment resulted, the appellant has no right to an appeal from his first trial. (22 O.S.1971, § 1051) We are concerned only with alleged error at the appellant's second trial which resulted in a conviction and sentence of fifteen (15) years.

It is first argued the court erred by refusing to impanel a jury to evaluate the appellant's present state of sanity immediately prior to trial and again when the conviction was brought up for judgment. The statute upon which the appellant relies, 22 O.S.1971, § 1162, requires that a jury be impaneled when an information is called for trial or when the defendant is sentenced if "a doubt arises" as to the defendant's present sanity. Recent case law has established that the doubt referred to in the statute must arise in the mind of the trial judge after an evaluation of the facts, source of the information and motive. This finding of the trial court will not be disturbed on appeal unless a clear abuse of discretion is shown. See Reynolds v. State, 575 P.2d 628 (Okl.Cr.1978).

In the present case, a hearing was conducted before the first trial at which both the appellant and Dr. Garcia, a psychiatrist who had periodically evaluated the appellant since 1974, testified the appellant was sane and could aid in his own defense. The trial court had ample opportunity to observe and evaluate the appellant's condition, both during his first trial and prior to sentencing. We find no...

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  • 663 P.2d 1 (Okla.Crim.App. 1983), F-80-523, Ake v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • April 12, 1983
    ...medication rendered him unable to understand the proceedings against him and affected his ability to assist counsel. Beck v. State, 626 P.2d 327 (Okl.Cr.1981). Dr. Garcia testified that he had diagnosed the appellant's condition as schizophrenia of Page 7 the paranoid type, which necessitat......
  • 674 P.2d 1134 (Okla.Crim.App. 1984), F-79-337, Dutton v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • January 6, 1984
    ...and motive. The trial judge's finding is not disturbed on appeal absent a showing of clear abuse of discretion. Beck v. State, 626 P.2d 327, 328 (Okl.Cr.1981). In the present case, the trial judge made a determination that appellant was competent to stand trial based upon his own observatio......
  • 778 P.2d 460 (Okla.Crim.App. 1989), F-86-579, Ake v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • July 13, 1989
    ...ability to consult with his lawyer and has a rational as well as actual understanding of the proceedings against him. Beck v. State, 626 P.2d 327, 328 (Okla.Crim.App.1981). In the present case, appellant called four witnesses at the post-examination competency hearing, three of these witnes......
  • 759 P.2d 1033 (Okla.Crim.App. 1988), F-86-530, Davis v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • August 12, 1988
    ...has an affirmative duty to make inquiry of the accused to assure that such waiver was expressly and intelligently made. See Beck v. State, 626 P.2d 327, 328 (Okl.Cr.1981). The instant case is wholly distinguishable from Hatch v. State, 662 P.2d 1377, 1381 (Okl.Cr.1983), where this Court, in......
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15 cases
  • 663 P.2d 1 (Okla.Crim.App. 1983), F-80-523, Ake v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • April 12, 1983
    ...medication rendered him unable to understand the proceedings against him and affected his ability to assist counsel. Beck v. State, 626 P.2d 327 (Okl.Cr.1981). Dr. Garcia testified that he had diagnosed the appellant's condition as schizophrenia of Page 7 the paranoid type, which necessitat......
  • 674 P.2d 1134 (Okla.Crim.App. 1984), F-79-337, Dutton v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • January 6, 1984
    ...and motive. The trial judge's finding is not disturbed on appeal absent a showing of clear abuse of discretion. Beck v. State, 626 P.2d 327, 328 (Okl.Cr.1981). In the present case, the trial judge made a determination that appellant was competent to stand trial based upon his own observatio......
  • 778 P.2d 460 (Okla.Crim.App. 1989), F-86-579, Ake v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • July 13, 1989
    ...ability to consult with his lawyer and has a rational as well as actual understanding of the proceedings against him. Beck v. State, 626 P.2d 327, 328 (Okla.Crim.App.1981). In the present case, appellant called four witnesses at the post-examination competency hearing, three of these witnes......
  • 759 P.2d 1033 (Okla.Crim.App. 1988), F-86-530, Davis v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • August 12, 1988
    ...has an affirmative duty to make inquiry of the accused to assure that such waiver was expressly and intelligently made. See Beck v. State, 626 P.2d 327, 328 (Okl.Cr.1981). The instant case is wholly distinguishable from Hatch v. State, 662 P.2d 1377, 1381 (Okl.Cr.1983), where this Court, in......
  • Request a trial to view additional results