Commonwealth v. Robinson
Citation | 494 Pa. 372,431 A.2d 901 |
Parties | COMMONWEALTH of Pennsylvania, v. Melvin Henry ROBINSON, Appellant. |
Decision Date | 02 July 1981 |
Court | United States State Supreme Court of Pennsylvania |
Submitted March 9, 1979.
Thomas P. Ruane, Jr., Public Defender, Uniontown for appellant.
Gerald R. Solomon, Dist. Atty., Uniontown, for appellee.
Before O'BRIEN, C. J., ROBERTS, NIX, LARSEN, WILKINSON FLAHERTY, and KAUFFMAN, JJ.
This is an appeal from a judgment of sentence of life imprisonment imposed on a jury verdict of guilty of murder of the first degree. At oral argument, heard on March 9, 1979, it was revealed that penal authorities had committed appellant to a mental institution after conviction. By order dated March 27 1979, this Court remanded the record of the Court of Common Pleas of Fayette County for an evidentiary hearing on the competency of appellant at the time of trial as well as sentencing. On remand, the court of common pleas considered appellant's competency only at the time of trial. On August 16, 1979, this Court remanded the record for a determination of appellant's competency at the time of sentencing. That determination was made on March 30, 1981, and this matter is now ready for decision.
The incident giving rise to the present prosecution and conviction occurred outside Uniontown, Pennsylvania, on the evening of January 27, 1977. The victim, Gerald McGifford, died after he had been shot in the head at close range. Uniontown Police found the victim's body on the night of the shooting after Barbara Maise, eyewitness and girlfriend of the victim, had reported the incident. Appellant was located the following evening in Pittsburgh, taken into police custody, and charged with criminal homicide, including murder of the first degree. Appellant gave police a statement.
Maise testified that, after appellant disposed of the victim's body, he forced her to engage in sexual intercourse.
The Commonwealth also introduced the statement that appellant had given police. In the statement, appellant told police: * * *"
Appellant took the stand and presented a theory of self-defense. Appellant stated that, while sitting in the front seat of Maise's car, he and the victim had argued about the victim's habit of striking his girlfriend Maise. According to appellant, the victim "got a little peeved at me for telling him about his woman ..." and "proceeded to go into his pocket." Appellant stated that he then shot the victim because he believed the victim was carrying a knife. Appellant (and another defense witness) also stated that he had been drinking throughout the day of the shooting.
The court instructed the jury on murder of the first and third degrees, as well as heat-of-passion voluntary manslaughter. Additionally, the court charged the jury on self-defense and voluntary intoxication. On June 10, 1977, the jury returned its verdict of guilty of murder of the first degree. Shortly thereafter appellant was admitted to Farview State Hospital for psychiatric evaluation. On October 27, 1977, a staff physician deemed appellant competent to be sentenced. On January 13, 1978, following the denial of written post-verdict motions, the court imposed sentence of life imprisonment. This appeal followed, as did the evidentiary hearings on appellant's competency.
At its hearing on appellant's competency to be tried, the court of common pleas heard defense testimony of two psychiatrists who had examined appellant in late June of 1977, shortly after appellant's trial. Although the doctors believed that appellant was suffering from mental illness, neither could render an opinion on appellant's competency to stand trial. On cross-examination both doctors indicated that appellant's condition could have been the result of his realization that he faced a sentence of life imprisonment. At the hearing on competency at sentencing, appellant offered no medical evidence. Instead, he testified that he could not recall the sentencing proceedings. Appellant claimed that he had been taking medication to such an extent as to affect his competency.
The hearing judge, who had presided over appellant's trial and had imposed sentence, found appellant to have been competent at both proceedings. In so holding, the court recalled appellant's ability to respond easily to questions at the proceedings and relied on the report of the Farview staff psychiatrist who, after examination, had deemed appellant competent.
We are now satisfied that appellant's challenge to his competency cannot prevail. This Court has stated:
Commonwealth v. Marshall, 456 Pa. 313, 319, 318 A.2d 724, 727 (1974). So too, a court Saddler v. United States, 531 F.2d 83, 86 (2d Cir. 1976). See Commonwealth ex rel. Hilberry v. Maroney, 424 Pa. 493, 495, 227 A.2d 159, 160 (1967) (). See generally Pa.R.Crim.Proc 1405(a) and Commonwealth v. Knighton, 490 Pa. 16, 415 A.2d 9 (1980) (right of allocution). Accordingly, section 402(a) of the Mental Health Procedures Act provides:
"Whenever a person who has been charged with a crime is found to be substantially unable to understand the nature or object of the proceedings against him or to participate and assist in his defense, he shall be deemed incompetent to be tried, convicted or sentenced so long as such incapacity continues."
Act of July 9, 1976, P.L. 817, 50 P.S. § 7402(a) (Supp.1980). See Commonwealth ex rel. Hilberry v. Maroney, supra.
However, "(i)t is ... well established the person asserting mental incompetence to stand trial has the burden of proving incompetency by a preponderance of the evidence." Commonwealth v. Kennedy, 451 Pa. 483, 487, 305 A.2d 890, 892 (1973). And "(a) finding of competency by the trial court will not be reversed unless it is unsupported by the record." Commonwealth v. Tyson, 485 Pa. 344, 349, 402 A.2d 995, 997 (1979).
Here, in finding appellant competent, the court applied proper legal standards as to both the test of competency and the burden of proof. There is now ample basis of record to sustain the trial court's rejection of appellant's challenge. Appellant did not present medical testimony in support of his position and the court rejected appellant's...
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Com. v. Robinson
...431 A.2d 901 494 Pa. 372 COMMONWEALTH of Pennsylvania, v. Melvin Henry ROBINSON, Appellant. Supreme Court of Pennsylvania. Submitted March 9, 1979. Decided July 2, 1981. Page 902 [494 Pa. 373] Thomas P. Ruane, Jr., Public Defender, Uniontown, for appellant. Gerald R. Solomon, Dist. Atty., U......