People v. Sandoval

• Decision Date: 05 July 1990
• Docket Number: Nos. 88CA0891,88CA0892,s. 88CA0891
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert Paul SANDOVAL, Defendant-Appellant. . IV
• Court: Colorado Court of Appeals

Page 1126

805 P.2d 1126

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert Paul SANDOVAL, Defendant-Appellant.

Nos. 88CA0891, 88CA0892.

Colorado Court of Appeals Div. IV.

July 5, 1990.

Rehearing Denied Aug. 2, 1990.

Certiorari Denied Feb. 25, 1991.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cheryl A. Linden, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Jonathan S. Willett and Frances Smylie Brown, Deputy State Public Defenders, Denver, for defendant-appellant.

Opinion by Judge REED.

Defendant, Gilbert Paul Sandoval, appeals the judgments of conviction entered on jury verdicts finding him guilty of aggravated robbery, theft, criminal attempt to commit aggravated robbery, and menacing arising out of two transactions. We reverse and remand.

During the initial phase of the consolidated proceedings in the trial court, pursuant to motion by defense counsel and after a neurological examination by a physician, the court ordered an examination of defendant's mental condition concerning his competency to proceed. As a result of their examinations, a psychologist and a psychiatrist submitted their reports in which they reported that the defendant suffered from psychological abnormalities. Based upon the psychiatrist's report, the court found defendant to be incompetent and ordered his commitment to the Department of Institutions. None of these three reports expressed any opinion as to whether the defendant suffered from any "impaired mental condition."

Thereafter, after having been found to have been restored to competency, the defendant entered the affirmative defense of impaired mental condition. Pursuant to the prescribed statutory procedure, he was then examined on this issue by a Dr. Green who opined, in her report, that defendant did not suffer from an impaired mental condition. No supplemental or other examination was requested by the defendant.

In preparation for trial, the defendant designated, as witnesses, the physician, the psychiatrist, and the psychologist who had examined him during the competency phase. The trial court found that copies of the reports of these three designated witnesses were delivered to, or in the possession of, the prosecution.

In response to defendant's designation, the prosecution filed motions in limine to exclude evidence relating to defendant's competency and to exclude the testimony of the examining experts in the competency proceeding. The trial court granted the prosecution's motions. Therefore, the only expert allowed to testify regarding defendant's impaired mental condition was Dr. Green, who was called by the defendant.

The trial court, over defendant's objection, also granted the prosecution's motion in limine to admit evidence of similar transactions.

I.

Defendant contends that the trial court violated his constitutional right to present a defense by granting the prosecution's motion in limine disallowing defendant's use of testimony on the issue of impaired mental condition. We agree.

Impaired mental condition, as defined by § 16-8-102(2.7), C.R.S. (1989 Cum.Supp.Vol. 8A), constitutes an affirmative defense to a criminal charge; and, if the jury finds that a defendant is "not guilty" because of this condition, then the defendant is committed to the Department of Institutions until found eligible for release under prescribed statutory standards. Section 16-8-103.5, C.R.S. (1989 Cum.Supp.).

For this issue to be submitted to the jury, it must be "raised" either within the State's evidence or by the defendant's presentation of "some credible evidence on that issue." And, once so raised, it is then the burden of the prosecution to disprove this defense beyond a reasonable doubt. See § 18-1-407, C.R.S. (1986 Repl.Vol. 8B).

It is a requirement of due process that a defendant be permitted to present witnesses in his behalf, Washington v. Texas, 388 U.S. 14, 87 S.Ct. 1920, 18 L.Ed.2d 1019 (1967), and a trial court should give latitude in admitting evidence relating to the mental condition of a defendant. People v. Wright, 648 P.2d 665 (Colo.1982). However, testimony relating to an impaired mental condition defense may be excluded if the procedural requirements of §§ 16-8-103.5 and 16-8-103.6, C.R.S. (1986 Repl.Vol. 8A) are not met. People v. Reger, 731 P.2d 752 (Colo.App.1986).

Section 16-8-103.5, C.R.S. (1989 Cum.Supp.Vol. 8A) requires a defendant to provide the prosecution with the names, addresses, reports, and statements of persons, other than medical experts, whom the defendant intends to call as witnesses with regard to the affirmative defense of impaired mental condition. Similarly, § 16-8-103.6, C.R.S. (1989 Cum.Supp.Vol. 8A) requires the same designation and information concerning any physician or psychologist who has examined or treated the defendant for his mental condition.

Although defendant provided the prosecution with this information concerning the three named witnesses, the trial court excluded any testimony from them, apparently because they had examined defendant for competency rather than for an impaired mental condition and had submitted no reports determining the latter issue. This determination in limine was made notwithstanding the statement of defense counsel that the witnesses would not testify as to defendant's competency but rather, as to defendant's abnormal behavior caused by his underlying, psychological condition, including transitional psychosis, rather than by any physical abnormality. Specifically, defense counsel made an offer of proof to this effect based upon the language of the witnesses' competency reports.

Under these circumstances, we conclude that the trial court...