Pride v. State, 51777
| Decision Date | 30 June 1976 |
| Docket Number | No. 51777,51777 |
| Parties | Curtis PRIDE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John R. Saringer, Abilene (Court-appointed), for appellant.
Ed Paynter, Dist. Atty., Abilene, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for the offense of aggravated robbery. Punishment was assessed by the jury at thirty years. The defense was insanity.
On January 31, 1975, appellant left Odesas by bus for Houston. On a stop-over in Abilene he went to the First Presbyterian Church and gained entry by stating that he wanted to use the telephone. He assaulted the church secretary and robbed her of her money as well as the money belonging to the church. She was bound with a coffee pot cord and a sock taken from his foot was placed in her mouth to gag her. After he left, the victim untied herself and crawled to the door and alerted a woman who was passing. The victim gave a detailed description of her assailant. A bus ticket to Houston was found on the floor in the church office. Police later located appellant at the bus station where he had purchased a ticket to Houston. The victim suffered extensive injuries.
Appellant requested a psychiatrist be appointed. The court appointed Dr. James H. Kreimeyer of the Big Spring State Hospital. Dr. Kreimeyer testified on appellant's competency to stand trial. The jury found him competent. During the trial Dr. Kreimeyer testified to the effect that appellant was insane at the time of the commission of the offense.
The State called Dr. Marvin E. Grice who testified that he examined the appellant in 1972 in regard to a claimed injury and found him to be neurotic. Dr. Grice related that he visited appellant during a lunch hour during the trial. He testified that appellant appeared to be competent and that he was not insane at the time of the commission of the offense.
Appellant contends that the visit to the jail without a previous order by the court violated Article 46.03, Section 3(a), V.A.C.C.P., which provides as follows:
'If notice of intention to raise the insanity defense is filed under Section 2 of this article, the court may, on its own motion or motion by the defendant, his counsel, or the prosecuting attorney, appoint disinterested experts experienced and qualified in mental health or mental retardation to examine the defendant with regard to...
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Pride v. Estelle, 80-1488
...to serve in state prison not less than five nor more than 30 years. The conviction was affirmed on July 30, 1976. Pride v. State, 538 S.W.2d 115 (Tex.Cr.App.1976). On October 4, 1975, within a month after Pride's transfer to the Texas Department of Corrections to serve his prison term, Prid......
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Parker v. State
...lawful means by which a psychiatrist may gain access to and examine a criminal defendant. Similarly, we do not believe Pride v. State, 538 S.W.2d 115 (Tex.Cr.App.1976), is in point. In that case, we held that no real psychiatric examination had taken place, and thus no act had been done in ......