Smalls v. State, 58445
| Decision Date | 01 February 1980 |
| Docket Number | No. 58445,58445 |
| Citation | 153 Ga.App. 254,265 S.E.2d 83 |
| Parties | SMALLS v. The STATE. |
| Court | Georgia Court of Appeals |
G. Terry Jackson, Savannah, for appellant.
Andrew J. Ryan, III, Dist. Atty., Robert M. Hitch, III, Asst. Dist. Atty., for appellee.
Smalls was convicted in the Superior Court of Chatham County of burglary. He appeals, contending the trial court erred in denying his motion for a new trial because the evidence introduced regarding that motion established that he was, and is, not competent to stand trial and to assist in the preparation of his own defense. Secondly, he contends the trial court erred in failing to advise the jury to disregard erroneous instructions and only consider a corrected instruction.
With regard to Enumeration 1, the burglary was committed on May 25, 1977 and appellant was arrested the same date. An attorney was appointed to represent Smalls at a lineup the following day; shortly thereafter the attorney withdrew as counsel because he was unable to communicate with Smalls. A second attorney was appointed to represent Smalls, but withdrew as counsel for similar reasons. A third appointed counsel also withdrew as Smalls' counsel because "he was extremely uncooperative exhibiting bazaar (sic) behavior and a complete lack of understanding of the charges against him and the consequences of his acts." His current counsel was appointed on October 11, 1977 and the trial was held on October 18, 1977. Due to this background, an agreement was made between the court, the assistant district attorney and defense counsel that Smalls would receive a psychiatric evaluation after trial if he was convicted; if the evaluation showed him to be incompetent, a motion for a new trial would be granted and insanity would be presented as a defense. Smalls was convicted and as agreed was examined by the Division of Mental Health, Georgia Regional Hospital at Savannah. The results of that examination were inconclusive; the mental health division believed initially that Smalls needed hospitalization based on the variation in his mental condition. At times he was well-oriented and friendly, and on other occasions he was rambling and incoherent; on one occasion he would be lucid, and on another occasion he would be totally confused. The decision that hospitalization was needed was reversed because of the variance in Smalls' mental condition. Because of this rapid variance the evaluators felt his competency and responsibility for criminal actions was open to question, and he should receive follow-up psychiatric treatment, either on probation or at his place of confinement.
As agreed, Smalls filed a motion for new trial. Because of his continued erratic behavior the trial judge requested additional information from the division of mental health. By letter of March 14, 1979 that division reported that Smalls was suffering from "Schizophrenia, Schizo-affective Type with Paranoid Features." The letter also stated that "(H)e has a disturbance of thinking, mood, and behavior which may lead to misinterpretation of reality and sometimes to delusions and hallucinations." Finally, the letter stated there was no way to ascertain definitely his level and quality of reality contact. However, by reading the transcript of trial the personnel evaluating Smalls found nothing to indicate that he did not understand the proceeding, and emphasized that Smalls' schizophrenic condition did not automatically render him incompetent to stand trial. Based on the psychiatric evaluations, statements from Smalls' appointed attorneys, statements from prison personnel and the transcript of trial, the trial judge denied the motion for a new trial, and Smalls filed this appeal, contending the evidence showed that he was not competent to stand trial.
1. Code Ann. § 27-1502 relates to a plea of incompetency to stand trial, but is of little assistance in resolving this case for it deals with a plea of mental incompetency prior to trial. However, the issue of mental competency to stand trial is the same whether raised before, during or subsequent to trial, and if, in fact, Smalls was not competent at the time of his trial but is now competent to stand trial, a new trial should be granted.
We note at the outset the dilemma facing a trial judge in determining a person's competency. He must rely on the opinions of psychiatrists as to an individual's mental condition and psychiatry, at the very least, is an imprecise field based on observation, behavior and what an individual chooses to tell a psychiatrist about his background and actions. Thus, a person's mental condition...
To continue reading
Request your trial
-
Trammel v. Bradberry
...guilty by reason of insanity to determine when he or she no longer meets the civil criteria for commitment); Smalls v. State, 153 Ga.App. 254, 256-257(1), 265 S.E.2d 83 (1980) (determination of mental competency to stand trial). Any evidence introduced in court on such forensic issues would......
-
Huzzie v. State
...was not competent at the time of his trial but is now competent to stand trial, a new trial should be granted." Smalls v. State, 153 Ga.App. 254, 256, 265 S.E.2d 83 (1980). The issue is whether at the time of the trial Huzzie was capable of understanding the nature and object of the proceed......
-
Baker v. State
...time during the proceedings it would not be dilatory, but contends that the evidence shows appellant was competent. Smalls v. State, 153 Ga.App. 254, 265 S.E.2d 83 (1980), is relied upon in support of this argument. However, in Smalls there was no special plea filed prior to trial, but coun......
-
Levitt v. State
...was not competent at the time of his trial but is now competent to stand trial, a new trial should be granted." Smalls v. State, 153 Ga.App. 254, 256, 265 S.E.2d 83. In Smalls, this court recognized the dilemma facing a trial judge in determining a person's competency, noting that he must r......