Brown v. State
| Decision Date | 16 December 1987 |
| Docket Number | No. 43S00-8611-CR-957,43S00-8611-CR-957 |
| Citation | 516 N.E.2d 29 |
| Parties | Walter BROWN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Bradley J. Tandy, Rasor, Harris, Lemon & Reed, Warsaw, for appellant.
Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in the conviction of appellant of Armed Robbery, a Class B felony, for which he received the maximum sentence of twenty (20) years. We affirm the judgment of the trial court.
The facts are: At approximately 10:30 p.m., on December 1, 1985, the Kosciusko County Sheriff's Department received a report that a robbery had been committed at the Brian Knisley residence near Syracuse in Kosciusko County. Shortly thereafter a county officer observed William James Brown, brother of appellant Walter Brown, walking along a roadway in the vicinity of the robbery and took him into custody. He was taken to the Knisley residence and identified by the victims as one of two perpetrators of the robbery. Appellant was later apprehended and this conviction resulted.
Appellant contends the trial court abused its discretion in denying his Motion for Psychiatric Evaluation and Competency Hearing. The record indicates that because of a fainting episode and appellant's anxiety regarding his defense strategy affecting his ability to make decisions, his counsel filed a motion for psychiatric evaluation of his competency. At the hearing on the motion, the trial court stated:
A competency hearing is required by Ind.Code Sec. 35-36-3-1 only where there is evidence before the trial court creating a reasonable and bona fide doubt as to the defendant's competency to stand trial. Evans v. State (1986), Ind., 489 N.E.2d 942. Whether reasonable grounds exist to order evaluation of competency is a determination lying within the sound discretion of the trial judge. Observations of the defendant's demeanor during pretrial hearings are an adequate basis for finding that a competency hearing is not necessary. Timmons v. State (1986), Ind., 500 N.E.2d 1212. Such determinations will be disturbed upon review only for abuse of discretion. Hadley v. State (1986), Ind., 496 N.E.2d 67.
An examination of the record in the case at bar shows that while appellant experienced some confusion over the best way to conduct his defense, he in fact had a rational understanding of the proceedings and was able to assist his counsel in preparation of his defense. Thus the trial court had ample grounds to deny appellant's motion for psychiatric examination.
Appellant next contends the court erred in denying his motion for continuance. He had timely filed a Notice of Alibi Defense; yet as of the trial date the Sheriff's Department had been unable to locate and serve the subpoena upon appellant's sole alibi witness. The affidavit in support of his motion for continuance was filed in accordance with the statutory provisions of Ind.Code Sec. 35-36-7-1(b). Nevertheless, after hearing testimony by the Sheriff's officer who had tried to locate the alibi witness, the trial court overruled appellant's motion. We will disturb such a denial only for a clear abuse of the court's discretion. Woods v. State (1985), Ind., 484 N.E.2d 3.
To demonstrate reversible error, the record must reveal that the appellant was prejudiced by the denial of his motion for continuance. Peters v. State (1984), Ind., 470 N.E.2d 708. The State contends appellant suffered no prejudice from the denial of his motion. The record supports this...
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