Culpepper v. State, 46A04-9508-CR-326

• Decision Date: 21 March 1996
• Docket Number: No. 46A04-9508-CR-326,46A04-9508-CR-326
• Citation: 662 N.E.2d 670
• Parties: Donald CULPEPPER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

Page 670

662 N.E.2d 670

Donald CULPEPPER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 46A04-9508-CR-326.

Court of Appeals of Indiana.

March 21, 1996.

Rehearing Denied May 17, 1996.

Transfer Denied July 17, 1996.

Appeal from the LaPorte Superior Court, Honorable Walter P. Chapala, Judge, Cause No. 46D01-9410-CF-105.

William S. Kaminski, Donald W. Pagos, David P. Jones, LaPorte County Public Defender's Office, LaPorte, for appellant.

Pamela Carter, Attorney General, Jodi Kathryn Rowe, Deputy Attorney General, Indianapolis, for appellee.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Defendant-Appellant Donald Culpepper (Culpepper) appeals following his conviction for possession of cocaine with intent to deliver, a Class A felony. ¹

We affirm in part and remand for resentencing.

ISSUES

Culpepper raises the following issues which we restate as:

1. Whether the trial court erred by denying his request for a competency hearing.

2. Whether the trial court erred by denying his motion to suppress evidence.

3. Whether his sentence of 35 years is manifestly unreasonable.

FACTS AND PROCEDURAL HISTORY

On the morning of October 20, 1994, Michigan City Police Officer Steve Westphal attempted to serve an arrest warrant for drug-related charges on Brentae Aldridge, but Aldridge could not be located. Later that evening, Officer Westphal received information from another arrestee that Aldridge was hiding in a motel on the south side of Michigan City and would be registered under a friend's name. Based on this information, Officer Westphal contacted Officers Chamberlain and Bush and Corporal Kanger and the group began checking the local motels' guest registries. When the police arrived at the Dollar Inn they saw Culpepper's name on the registry for room 206. Knowing that Culpepper and Aldridge were acquaintances, Officers Westphal, Bush and Chamberlain went to room 206 to look for Aldridge. The officers knocked on the door and were allowed into the room by Culpepper. Aldridge was not found in the motel room.

Once inside the room, Officer Westphal noticed two pieces of cellophane wrapping paper with white rocky-type residue on it laying on the desk, along with a plastic cup and a white solid rock wrapped in a piece of the cellophane. Officer Westphal immediately recognized the white rock to be cocaine. Officer Westphal also observed a thick smoke in the room, which he did not recognize as cigarette smoke. Officer Westphal then seized the rock cocaine and escorted Culpepper into the bathroom and questioned him regarding Aldridge's whereabouts. Ultimately, Culpepper did not provide police with any information regarding Aldridge.

Culpepper was told by the officers to gather his belongings because he was being arrested for possession of cocaine. As Culpepper was being handcuffed, he turned toward a black bag and coat laying on the bed. Officer Bush then seized the bag and searched its contents. Inside the bag was a plastic bag containing 30 individual pieces of crack cocaine and two knives. A walkie talkie and a beeper were found on Culpepper's person and a crack pipe was found in the motel room.

On October 21, 1994, Culpepper was charged by information with possession of cocaine with intent to deliver as a Class A felony. Prior to trial, he filed a motion to suppress evidence which was denied following a suppression hearing. A jury found Culpepper guilty as charged after a two day trial. He received an enhanced sentence of 35 years. Culpepper now appeals.

DISCUSSION AND DECISION

I. Competency Hearing

Culpepper first contends that the trial court erred by failing to grant his request for a competency hearing. On the first morning of trial, Culpepper's counsel made an oral motion for a competency hearing alleging that Culpepper was unable to understand the proceedings and unable to assist in his defense. In support of the motion, Culpepper told the court that he wished to fire his attorneys for various reasons and hire new attorneys. The court denied the request for a competency hearing and denied Culpepper's request to hire his own attorney.

After repeatedly stating to his counsel that he did not want to proceed with them representing If a court has "reasonable grounds" for believing that the defendant lacks the ability to understand the proceedings and assist in the preparation of his defense, the court then must immediately stop the proceedings and hold a competency hearing. Collins v. State, 643 N.E.2d 375, 379 (Ind.Ct.App.1994), trans. denied. Whether such reasonable grounds exist is a determination to be made by the trial court and will be reviewed only for an abuse of discretion. Id. (citing Brown v. State, 516 N.E.2d 29 (Ind.1987)). The right to a competency hearing is not absolute and a trial judge's observations of a defendant in court are an adequate basis for determining whether a competency hearing is necessary. Id.

him, Culpepper decided not to participate in his trial and refused to come to the courtroom after the morning recess. Counsel pleaded with the court that although they did not wish to become a party to Culpepper's attempts to manipulate the process, they felt that it was impossible to render effective assistance of counsel under the circumstances. After lengthy discussion on the record with counsel, Culpepper and Culpepper's father, the court decided to proceed with the trial without Culpepper.

The trial and conviction of one without adequate competence is a denial of federal due process and a denial of a state statutory right as well. Brewer v. State, 646 N.E.2d 1382, 1384 (Ind.1995) (citing Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966); Tinsley v. State, 260 Ind. 577, 298 N.E.2d 429 (1973); I.C. 35-36-3-1 (1993 ²)). A hearing to determine whether the accused is competent to stand trial is required where the trial court is confronted with evidence that creates a reasonable or bona fide doubt as to the competence of the accused. Brewer, 646 N.E.2d at 1382. The standard for deciding such competency is whether or not the defendant currently possesses the ability to consult rationally with counsel and factually comprehend the proceedings against him or her. Id. (citing Mato v. State, 429 N.E.2d 945, 946 (Ind.1982)). This test has been stated as requiring that the defendant have sufficient present ability to consult counsel with a reasonable degree of rational understanding and to have a rational as well as factual understanding of the proceedings brought against him or her. Brewer, 646 N.E.2d at 1384 (citing Evans v. State, 261 Ind. 148, 157, 300 N.E.2d 882, 887 (1973)). A trial court's determination to grant or deny a competency hearing will not be lightly disturbed. We will reverse only for an abuse of discretion. Anthony v. State, 540 N.E.2d 602, 606 (Ind.1989), reh'g denied.

From the record before us, we see that Culpepper requested a speedy trial, the trial court called a jury and cleared its calendar all in an effort to accommodate the defendant, and then Culpepper decided that he didn't like his attorneys and somehow wanted to hire his own attorneys. However, the court had found Culpepper to be indigent at the initial hearing and had appointed counsel accordingly. Essentially, Culpepper requested a speedy trial, and then refused to be present at his trial because things did not go his way. We see no evidence tending to establish that Culpepper was unable to assist in his defense; rather, he simply chose not to. Culpepper knowingly and voluntarily waived his right to be present during his trial. Culpepper's behavior does not create a bona fide question as to his competency to stand trial. The trial court did not abuse its discretion in denying Culpepper's request for a competency hearing.

II. Motion to Suppress

Culpepper next contends that the trial court erred in denying his motion to suppress. Prior to trial, Culpepper filed a motion The Fourth Amendment to the United States Constitution and Article 1, section 11 of the Indiana Constitution protect both privacy and possessory interests by prohibiting unreasonable searches and seizures. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), reh'g denied; Taylor v. State, 659 N.E.2d 535, 537 (Ind.1995). Generally, a judicially issued search warrant is a condition precedent to a lawful search. Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979); Fair v. State, 627 N.E.2d 427, 430 (Ind.1993). Searches and seizures conducted outside of the judicial process are per se unreasonable under the Fourth Amendment. The burden of proof is on the State to prove that a warrantless search falls within one of the narrow exceptions to the warrant requirement. Mincey v. Arizona, 437 U.S. 385, 390, 98 S.Ct. 2408, 2412, 57 L.Ed.2d 290 (1978); Fair, 627 N.E.2d at 430.

to suppress the contents of the black bag seized from the motel room. Following a suppression hearing, the trial court denied the motion.

Before reaching the substantive issues, we make the threshold determination that Culpepper had a personal and legitimate expectation of privacy in his motel room. See Ceroni v. State, 559 N.E.2d 372, 373 (Ind.Ct.App.1990), trans. denied (A person's hotel room is a "home" for Fourth Amendment purposes); Accord Covelli v. State, 579 N.E.2d 466, 471 (Ind.Ct.App.1991), trans. denied.

The State contends that the search of Culpepper's black bag falls within the search incident to a lawful arrest exception to the warrant requirement. Incident to a lawful arrest, the arresting officer may conduct a warrantless search of the arrestee's person and the area within his or her immediate control. Chimel v. California, 395 U.S. 752, 772, 89 S.Ct. 2034, 2045, 23 L.Ed.2d 685 (1969), reh'g denied; Covelli, 579 N.E.2d at 473. The rationale behind this exception to the warrant requirement was set out in Chimel as follows:

When an arrest is made, it is reasonable for the arresting...