In re Care and Treatment of Cokes
| Decision Date | 18 March 2003 |
| Docket Number | No. WD 60062.,WD 60062. |
| Citation | 107 S.W.3d 317 |
| Parties | In the Matter of the CARE AND TREATMENT OF Andre COKES, Appellant. |
| Court | Missouri Court of Appeals |
Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Asst. Atty. Gen., Jefferson City, MO, for the State of Missouri.
Nancy L. Vincent and David Hemingway, Assistant Public Defenders, St. Louis, MO, Emmett D. Queener, Assistant Public Defender, Columbia, MO, for Appellant.
Before EDWIN H. SMITH, P.J., and SMART and HARDWICK, JJ.
Andre Cokes appeals from the judgment of the Probate Division of the Circuit Court of Jackson County committing him to the custody of the Missouri Department of Mental Health (DMH), pursuant to the Sexually Violent Predator Act (SVP Act), §§ 632.480-.513,1 after a jury had found, beyond a reasonable doubt, that he was a "sexually violent predator" (SVP), as defined in § 632.480(5) of the SVP Act.
The appellant raises three points on appeal. In Point I, he claims that the trial court erred in overruling his motion for a directed verdict because the State did not make a submissible case as to his being a SVP subject to commitment under the SVP Act in that there was no evidence from which the jury could find as required, beyond a reasonable doubt, that he suffered from a mental abnormality, as defined in § 632.480(2), that made it more likely than not that he would engage in predatory acts of sexual violence if not confined. In Point II, he claims that the trial court erred in overruling his motion for a directed verdict because the State did not make a submissible case as to his being a SVP subject to commitment under the SVP Act in that there was no evidence from which the jury could find as required, beyond a reasonable doubt, that he had serious difficulty in controlling his sexually violent behavior. In Point III, he claims that the trial court erred in giving Instruction No. 6, the verdict-directing instruction, because it failed to require the State, as a matter of due process, to prove all of the elements of its case for commitment under the SVP Act in that the instruction did not require a finding that the appellant has serious difficulty in controlling his sexually violent behavior.
We reverse and remand.
On July 28, 1999, pursuant to § 632.486, the State filed in the Probate Division of the Circuit Court of Jackson County, a petition, seeking to commit the appellant to the custody of the DMH, alleging that he was a SVP, as defined in § 632.480(5). On July 29, 1999, the appellant filed a motion to dismiss for failure to state a cause of action on which the requested relief could be granted, alleging that the petition did not plead facts establishing that he was suffering from a mental abnormality which made him more likely than not to engage in predatory acts of sexual violence if released. On August 3, 1999, the State filed an amended petition. In the amended petition, the State alleged that, on August 6, 1999, the appellant was scheduled to be released from the custody of the Missouri Department of Corrections, where he had been serving a sentence for forcible rape and to which he had pled guilty in the Circuit Court of Jackson County on June 3, 1985. The petition further alleged that the appellant suffered from the mental abnormality of paraphilia not otherwise specified (NOS), which caused him more likely than not to engage in predatory acts of sexual violence. The petition also alleged that on November 7, 1983, the appellant had entered an Alford plea to one count of forcible rape, and that, on June 25, 1979, he had also pled guilty to attempted sodomy and second-degree burglary.
On September 3, 1999, pursuant to § 632.489.2, the trial court held a probable cause hearing on the issue of the appellant's alleged status as a SVP. On September 20, 1999, the trial court entered its findings and order determining that there was probable cause to believe that the appellant was a SVP within the meaning of § 632.480(5), and ordering, pursuant to § 632.489.4, that the DMH have the appellant examined by a psychiatrist or psychologist to determine whether he suffered from a mental abnormality, and if he did, whether it made him more likely than not to engage in predatory acts of sexual violence. Thereafter, the appellant was evaluated by Dr. Steven A. Mandracchia, a forensic psychologist and Director of Forensic Services at Western Missouri Mental Health Center. On November 23, 1999, the State filed with the trial court Dr. Mandracchia's written evaluation of the appellant, which concluded that:
1. In the opinion of the examiner, [the appellant] suffers from mental abnormality in the form of Antisocial Personality Disorder; Poly-Substance Abuse/Dependence, Sustained Full Remission In a Controlled Environment; and Paraphilia, Not Otherwise Specified.
2. In the opinion of the examiner, [the appellant's] mental abnormality makes him more likely than not to engage in predatory acts of sexual violence.
Dr. Mandracchia's written evaluation was never admitted at trial.
On December 4, 2000, pursuant to § 632.492, the State's SVP petition proceeded to a jury trial. Dr. Mandracchia was called as a witness for the State and testified about his examination and diagnosis of the appellant. Dr. Mandracchia explained that, in evaluating the appellant, he reviewed psychiatric, police, and prison records; interviewed the appellant; and relied upon two actuarial instruments, the Rapid Risk Assessment for Sexual Offender Recidivism (RRASOR) and the Minnesota Sex Offender Screening Tool (MnSOST-R). He further noted that the RRASOR and the MnSOST-R are used by a majority of forensic experts in the state for this type of evaluation. Dr. Mandracchia concluded that the appellant was suffering from three mental abnormalities: paraphilia, substance abuse and dependency, and antisocial personality disorder, and that he was likely to "sexually reoffend."
The appellant made an oral motion for a directed verdict of acquittal at the close of the State's evidence, which was overruled. At the close of all the evidence, the appellant made another motion for a directed verdict of acquittal, which was also overruled. After deliberating, the jury returned with its verdict declaring, beyond a reasonable doubt, that the appellant was a SVP, as defined in § 632.480(5), requiring confinement in the DMH.
The appellant filed a motion for new trial on January 9, 2001, contending that the trial court erred in denying his motion for a directed verdict, alleging that the State failed to make a submissible case. The motion was overruled. Pursuant to § 632.495, on June 19, 2001, by leave of court, the appellant filed out of time his notice of appeal.
In reviewing the trial court's denial of the appellant's motion for a directed verdict, we review to determine if the State made a submissible case. Parra v. Bldg. Erection Servs., 982 S.W.2d 278, 282 (Mo.App.1998). In determining whether the State made a submissible case, we are required to view the evidence and all reasonable inferences therefrom in the light most favorable to the State's case and disregard all evidence to the contrary. Id. We will not, however, supply missing evidence or give the plaintiff the benefit of unreasonable, speculative, or forced inferences. Steward v. Goetz, 945 S.W.2d 520, 528 (Mo.App.1997). "The evidence and inferences must establish every element and not leave any issue to speculation." Id. (citation omitted).
In Point I, the appellant claims that the trial court erred in overruling his motion for a directed verdict because the State did not make a submissible case as to his being a SVP subject to commitment under the SVP Act. Specifically, he claims that there was no evidence from which the jury could find as required, beyond a reasonable doubt, that he suffered from a mental abnormality, as defined in § 632.480(2), that made it more likely than not that he would engage in predatory acts of sexual violence if not confined.
Pursuant to § 632.492, the attorney general requested a jury trial to determine whether the appellant was a SVP, as defined in § 632.480(5), subject to commitment. That section defines a SVP as:
[A]ny person who suffers from a mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility and who:
(a) Has pled guilty or been found guilty, or been found not guilty by reason of mental diseases or defect pursuant to section 552.030, RSMo, of a sexually violent offense; or
(b) Has been committed as a criminal sexual psychopath pursuant to section 632.475, RSMo, and statutes in effect before August 13, 1980.
§ 632.480(5). The version of § 632.480(3) which was in effect at the time of the appellant's trial defined "predatory" acts as "acts directed towards strangers or individuals with whom relationships have been established or promoted for the primary purpose of victimization."2 The State concedes, as the appellant claims, that in order to make a submissible case for commitment under the SVP Act, § 632.495 required it to prove beyond a reasonable doubt that the appellant was a SVP, as defined in § 632.480(5).
As to the appellant being a SVP, as defined in § 632.480(5), and subject to commitment under the SVP Act, the State alleged in its petition that the appellant was suffering from a mental abnormality, paraphilia NOS, which made him more likely than not to engage in predatory acts of sexual violence if released. Based on the allegations of the State's petition, the appellant contends that the State, in order to make a submissible case for commitment, was required, but failed to establish: (1) that he suffered from the mental abnormality alleged...
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