State v. Robinson
| Decision Date | 20 September 1974 |
| Docket Number | No. 2610,2610 |
| Citation | 526 P.2d 396,111 Ariz. 153 |
| Parties | The STATE of Arizona, Appellee, v. Willie James ROBINSON, Appellant. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Former Atty. Gen., N. Warner Lee, Atty. Gen., by Stanley L. Patchell, Asst. Atty. Gen., Phoenix, for appellee.
Ross P. Lee, Maricopa County Public Defender, by H. Allen Gerhardt, Jr., Deputy Public Defender, Phoenix, for appellant.
This is an appeal by the defendant Willie James Robinson from a judgment of guilty to the crime of assault with intent to commit robbery which was entered pursuant to a guilty plea.
We are asked to consider only one question on appeal and that is whether there was an adequate determination that the defendant was competent at the time to enter a plea of guilty.
The facts necessary for a determination of the issue before us are as follows. On 14 November 1971 the defendant Robinson was charged by criminal complaint with the crime of armed robbery. On 9 December 1971 defendant moved for a mental examination as provided in § 13--1621 A.R.S. Doctors Bindelglas and Wellish examined the defendant and agreed that his competency to stand trial was questionable. Both recommended hospitalization for further examination. A hearing was held, and on the basis of the reports of the two psychiatrists, the court, on 3 January 1972, found the defendant incompetent to stand trial and the defendant was committed to the Arizona State Hospital.
On 24 March 1972 the Superintendent of the Arizona State Hospital reported to the court that the defendant's competency was restored. The report was supported by written statements of Mrs. Muriel Wittleder, psychiatric social worker, and Dr. Michael F. Cleary, psychiatrist. Dr. Cleary stated:
'The defendant, or patient, Willie Robinson, is not suffering from a mental illness or defect.
'He is able to understand the nature of legal proceedings and can assist in his own defense.
'One diagnosis applicable to him is that of sociopathic personality disorder.
'His ability to reason and to control his conduct is not substantially impaired.
'He does have a potential for violent, dangerous behavior.
'His present mental condition does not justify his commitment to a mental institution.
And Mrs. Wittleder stated:
'COURSE IN THE HOSPITAL. On the surface, patient has been compliant during his stay in the Hospital, but he has, from the beginning, aligned himself with the more troublesome element, and has assumed a role of encouraging others toward active involvement, occasionally assuming a more active role. At the same time, he functioned as coordinator with the work crew, where he also demonstrated organizational abilities, but in a constructive way. He also participated meaningfully in group therapy, indicating his ability to think and express himself in a most satisfactory manner. He is in good contact, thinks clearly and logically, understands the pending charges against him, although he denies them, and he is able to assist in his own defense.
RECOMMENDATION: It is recommended that Willie James Robinson be returned to the custody of Maricopa County for disposition of charges now pending against him.'
A hearing was held on 6 April 1972. Upon stipulation of counsel the matter was submitted without oral testimony on the report of the Superintendent of the State Hospital, and the defendant was on that date declared competent to stand trial. Preliminary hearing was waived, and the defendant bound over to the Superior Court. On 17 May 1972 a hearing was held on change of plea. The defendant agreed to plead guilty to the lesser charge of assault with intent to commit robbery. At the hearing the following transpired:
Is that why you are pleading guilty, because it's a lesser charge?
Another hearing was scheduled for 17 June 1972. On that latter date the plea was accepted and the defendant was thereafter sentenced to serve from 10 to 14 years in the Arizona State Prison.
The defendant first urges that the hearing on restoration of his competency was insufficient. He further argues that in any event, under Sieling v. Eyman, 9 Cir., 478 F.2d 211 (1973), a determination of competency to plead guilty requires a more searching examination of defendant's mental state than does a determination of competency to stand trial.
The procedure to be followed once a defendant's competency to stand trial has been brought into question is outlined in § 13--1621 A.R.S. A hearing to determine competency is required in the first instance under § 13--1621(E) A.R.S. If the defendant is found to be incompetent and is then committed to an authorized institution, § 13--1621(H)(2). A.R.S., another hearing on restoration of his competency must be held before he may be tried. , § 13--1621(H) A.R.S.; State v. Williams, 110 Ariz. 104, 515 P.2d 849 (1973); State v. Blazak, 105 Ariz. 216, 462 P.2d 84 (1969).
Section 13--1621(H) A.R.S. provides as follows:
The court's minute entry reads as follows:
'Counsel submit the matter on the Report of the Supt. of the Arizona State Hospital.
'This matter having been submitted on the report of the Supt. of the Arizona State Hospital without further evidence, on the basis of the report of the Supt. of the Arizona State Hospital the Court finds that the defendant is now able to understand the proceedings against him and to assist in his defense.'
The parties may waive a hearing and submit the matter on the reports as was done here. State v. Lopez, 110 Ariz. 198, 516 P.2d 571 (1973).
The defendant complains that the report of the Superintendent of the State Hospital was inadequate for a determination of competency. That report consisted of a form report signed by the Superintendent, together with the reports of Mrs. Wittleder, the social worker, and Dr. Michael Cleary, the psychiatrist. Defendant suggests that the minute entry would indicate that the court considered only the form report, and ignored the reports of the social worker and the psychiatrist. We feel that is a rather strained reading of the minute entry. The filing dates on the form report and the accompanying reports of the social worker and the psychiatrist indicate that all were filed together. We can only interpret the court's reference to the 'report of the Superintendent' to mean the form report plus the attached written reports of the social worker and the psychiatrist. The entire report was sufficient for a determination of competency, and we hold that the trial court properly found that the defendant was competent to stand trial.
We then come to the second prong of the defendant's argument that even if competency to stand trial was established, defendant's competency to plead guilty was never established.
In State v. Hostler, 109 Ariz. 212, 507 P.2d 974 (1973) this court stated:
'* * * The defendant's competency to stand trial and assist...
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State v. Pierce
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