State v. Mayfield, 38313

• Decision Date: 14 February 1978
• Docket Number: No. 38313,38313
• Citation: 562 S.W.2d 404
• Parties: STATE of Missouri, Plaintiff-Respondent, v. Joseph Robert MAYFIELD, Defendant-Appellant. . Louis District, Special Division
• Court: Missouri Court of Appeals

Page 404

562 S.W.2d 404

STATE of Missouri, Plaintiff-Respondent, v. Joseph Robert MAYFIELD, Defendant-Appellant.

No. 38313.

Missouri Court of Appeals, St. Louis District, Special Division.

Feb. 14, 1978.

Fordyce & Mayne, Leo V. Garvin, Jr., Clayton, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

JAMES RUDDY, Special Judge.

Defendant was found guilty by a jury of rape § 559.260 RSMo 1969 and sentenced to fifteen years with the Department of Corrections. He appeals.

The following facts most favorable to the verdict were presented at trial. The victim, H. G., age 27, was asleep in her bed with her eighteen month old child early in the morning of August 7, 1975. She was married but she and her husband were separated. Her four other children were asleep in another room. Between four and four-thirty a.m. defendant entered her bedroom by standing on a trash can and crawling through an open window in the children's bedroom, and then entering the room. She awakened and found a stranger standing over her. She screamed and he said "holler again and I'll kill you." He ordered her to get out of bed and told her he wanted her money and food stamps. She told him she had nothing, and he began looking through her closet, drawers, and in her purse. When he did not find anything, he stated "This is rape." At that time she noticed that the handkerchief he was holding in his hand had a steak knife wrapped inside. He told her to lie down on the bed. She tried to change his mind by telling him there were lots of other women to be with and that she was seeing a doctor and intercourse would cause a lot of pain and bleeding. He proceeded to have intercourse with her, with the knife laying on the bed beside the baby who was by this time awake. When he was finished, he got up, stating, "I am gone," and departed through the kitchen door. Mrs. G. ran to her mother's apartment which was across the hall, and called the police. Two officers arrived and Mrs. G. described her assailant to them, and she was taken to Homer Phillips Hospital.

Either one or two days after the rape, Mrs. G. went to the police station where the officers prepared a composite portrait of her attacker. On August 19 she was asked to view a lineup. She selected defendant from the lineup as the man who raped her. However, defendant was not the original suspect but was in custody on a traffic charge when he was voluntarily placed in the lineup. Mrs. G. also stated she could identify defendant's voice if she heard it. After she identified defendant from the lineup, some detectives, Mrs. G., and defendant were in a room together. One of the detectives started to walk out. Mrs. G. said, "Don't leave me in here." Defendant said "That's all right, I have did what I wanted to now." Mrs. G. recognized the voice as that of the man who raped her. The officer who was conducting the lineup asked Mrs. G. if she was positive of the identification. The defendant was then placed under arrest, and was advised of his rights. Defendant indicated that he understood his rights.

Appellant's defense at trial was alibi. He presented three witnesses: his mother, girlfriend, and his girlfriend's sister. His girlfriend, Annie, and her sister, Rosie, testified that defendant was with them at a party on the evening of the rape. His girlfriend further testified that she and defendant were asleep together in his bed at the time of the rape. Annie's sister Rosie stated that defendant was in his apartment at 7:15 a. m. on August 7 and drove her to work that morning.

The jury returned the verdict on May 14, 1976. The court granted the defense additional time to file a motion for new trial. On June 14 leave was granted for attorney Leo V. Garvin to enter his appearance as attorney for defendant in this case (Cause No. 75-2286). However, the trial judge granted this leave on the condition that Mr. Garvin also enter his appearance in another matter concerning defendant (Cause No. 75-2287). That case consisted of three counts: (1) robbery first degree; (2) robbery first degree by means of a deadly and dangerous weapon; and (3) rape. All of these crimes were committed against one R. W. on August 1, 1975, less than one week before the crime at issue in this appeal. On June 21, 1976, the court granted Ben J. Weinberger, who had represented defendant in the trial of the instant case, leave to withdraw.

On June 25, 1976, Mr. Garvin filed a motion for continuance which alleged, inter alia, that defendant was unable to assist in the further defense of the charges against him due to incompetency. The motion further stated that the recently retained attorney was advised by the court that there was not enough time to obtain a transcript of the proceedings to assist in the preparation of a new trial, but that no further extension would be granted. Furthermore, the motion stated that the defense attorneys had obtained an order in connection with the companion case, Cause No. 75-2887 (the robbery and rape charges), permitting defendant to be examined by a psychiatrist, Dr. Edwin Wolfgram of St. Louis. Following this examination, the motion stated that it had been determined that defendant is mentally ill, unable to assist in his defense, and that this condition existed for at least a year prior to the examination. The motion for continuance concluded in the following manner:

"WHEREFORE, defendant prays, by and through his said attorneys, the court issue its order continuing further proceedings herein, pending a hearing on the competency of the defendant to stand trial and otherwise assist in the preparation of his defense."

On June 25, 1976, allocution, judgment, and sentencing took place. Mr. Garvin stated then that the motion for new trial, prepared by Mr. Weinberger, was to be taken up over his objection. He explained that since he did not represent defendant at trial, and did not have enough time to obtain a transcript after trial, and defendant was unable to assist him because he was incompetent, he had no information from which to prepare a motion for new trial. In order to preserve the incompetency issue for appeal (which was not alleged in the motion for new trial) he filed this motion for continuance.

The trial judge denied the motion for continuance. He stated that defendant had been given a psychiatric examination in connection with this cause while confined at the State Mental Hospital in Fulton, Missouri during December, 1975 and January, 1976. Mr. Garvin stated that Mr. Weinberger's file contained none of this information and that he knew nothing of this prior psychiatric exam. The court imposed a sentence of fifteen years pursuant to the jury verdict. The judge ordered that the companion case, Cause No. 75-2287 concerning the robbery and rape of R. W. be returned to the criminal assignment division for further proceedings.

Defendant presents four points on appeal. We first deal with the challenge relating to defendant's competency.

Defendant claims that it was plain error for the trial court to deny defendant's motion for a continuance, pending a hearing on defendant's competency, when there was, what he asserts to be, sufficient evidence for the judge to suspect that defendant was incompetent to stand trial.

There are two occasions when a hearing on competency is required: (1) when the psychiatric report is contested, as stated in Section 552.020(6) RSMo 1969; See, e. g., State v. Vansandts, 540 S.W.2d 192, 201(1) (Mo.App.1976); and (2) where the circumstances at a criminal trial create a "bona fide doubt" of an accused's fitness to proceed. Pate v. Robinson, 383 U.S. 375, 385, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966); Harkins v. State, 494 S.W.2d 7, 13(2) (Mo.1973). See generally State v. Vansandts, 540 S.W.2d 192, 201(1, 2) (Mo.App.1976). Here the first psychiatric report was not contested so the judge was not required to conduct a hearing under the first theory. Collins v. State, 479 S.W.2d 470, 471(2) (Mo.1972). Furthermore, the record does not disclose any other circumstances which should have caused the trial judge to harbor a "bona fide doubt" of defendant's competency. The defendant did not behave erratically before the court, nor did his counsel during trial express doubts as to his client's competency. Miller v. State, 498 S.W.2d 79, 85 (Mo.App.1973). ¹ "The test of competency is whether the accused has sufficient ability to consult with his lawyer with a reasonable degree of rational understanding and whether he had a rational as well as factual understanding of the proceedings against him." Jones v. State, 505 S.W.2d 96, 98(3) (Mo.App.1974); Boyer v. State, 527 S.W.2d 432, 436 (Mo.App.1975). The trial court had every reason to believe defendant met this standard.

Defendant's theory is that the trial judge should have suspected that the defendant was incompetent at three points in time during the proceeding. The first point would be sometime after the medical report from Fulton State Hospital was received on February 2, 1976. The medical report, signed by Dr. Rohidas Patil, contained the following information. "Mr. Mayfield knows why he is here and realizes the seriousness of the charges against him. Mr. Mayfield states that he is innocent and said he was not involved in the alleged offense. Mr. Mayfield can discuss his legal status in a rational manner and it is considered that he has the capacity to confer with his counsel in preparing and implementing his own defense. His knowledge of courtroom proceedings and functions appear (sic) to be good." The report further stated:

"There was no evidence of any bizarre behavior. It appears that there was no indication that he was suffering from a psychotic mental disease or defect at the time of the alleged offense.

VIII. FINDINGS

1) That the accused has a mental disease or a defect within the meaning of Section 552.010. There is a...