Syphers v. Gladden
| Decision Date | 21 February 1962 |
| Citation | 368 P.2d 942,230 Or. 148 |
| Parties | Glen Henry SYPHERS, Appellant, v. Clarence T. GLADDEN, Warden of the Oregon State Penitentiary, Respondent. |
| Court | Oregon Supreme Court |
Charles D. Burt, Salem, argued the cause and filed a brief for appellant.
Harold W. Adams, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Robert Y. Thornton, Atty. Gen., and Robert G. Danielson, Asst. Atty. Gen.
Before McALLISTER, C. J., and WARNER, SLOAN, O'CONNELL, and LUSK, JJ.
The petitioner, Glen Henry Syphers, a prisoner in the state penitentiary, filed in the circuit court for Marion county a petition for relief under the Post-Conviction Hearing Act, ORS 138.510 et seq. Petitioner attacks, on two grounds, the validity of his conviction of rape upon a daughter and his sentence of 20 years for said crime.
Petitioner asserts, first, that at the time of his trial and sentence in Lane county, he was mentally ill and incompetent to understand the nature of the proceedings against him and to assist in his defense, and second, that since he was at the time of his trial and sentence on parole from the Oregon State Hospital the court, because of the provisions of ORS 426.290(2), had no jurisdiction to try or sentence him for the crime charged.
The defendant first moved the court to require petitioner to attach to his petition the records or other documentary evidence supporting the allegations of the petition as required by ORS 138.580, 1 or to state why they were not attached. The court allowed the motion and pursuant thereto the petitioner filed as exhibits photostatic copies of the proceedings against him in Lane county, and other relevant records. Thereafter the defendant demurred to the petition, the demurrer was sustained, petitioner refused to plead further and the proceeding was dismissed. Petitioner appeals.
From the petition and the exhibits thereto it appears that in January, 1955, Syphers was charged by an information filed in the district court for Lane county with the crime of rape upon a daughter. On January 12, 1955 Syphers was arraigned in the circuit court for Lane county, waived indictment by the grand jury and entered a plea of guilty to the district attorney's information charging him with said crime. Syphers was not represented by counsel during said proceedings.
The court then ordered that the imposition of sentence be continued pending an examination of Syphers by a psychiatrist pursuant to ORS 137.112 to 137.116. Those statutes provided that every person convicted of certain sex crimes should be given, upon conviction and before sentence, a complete psychiatric examination by a psychiatrist appointed at the request of the court by the superintendent of the Oregon State Hospital.
The statutes required the psychiatrist to file with the court within 60 days after the conviction a written report of his findings and conclusions relative to the examination, and other information specified in the statutes. The clerk of the court was required to send a certified copy of the report by registered mail to the convicted person, his attorney, and the district attorney.
The statutes provided also that upon the filing of the report by the examining psychiatrist the court should set a time for a presentence hearing, and that at the hearing both the district attorney and the convicted person could examine the psychiatrist who had filed the report.
Syphers was admitted to the Oregon State Hospital at Salem, on January 14, 1955, and remained there until about April 30, 1956. No report of an examining psychiatrist was filed with the court within 60 days after the conviction, as required by the statute. From a later report dated May 24, 1956 it appears that the hospital staff in February, 1955 decided that Syphers should remain in the hospital for treatment.
The record contains no copy of any communication to the court from the hospital staff recommending that Syphers remain in the hospital for treatment, and no order of the court authorizing the hospital to retain Syphers. The record does contain a copy of an order entered on March 11, 1955 by the circuit court for Marion county adjudging Syphers to be a mentally ill person and committing him to the Oregon State Hospital. It will be noted that this order was entered after Syphers had entered a plea of guilty and was already in custody of the Oregon State Hospital for a psychiatric examination ordered by the circuit court of Lane county.
On about April 27, 1956 the district attorney of Lane county was advised by the hospital that Syphers could be picked up at any time and would be held in the hospital in the meantime. The record is not clear as to the exact date Syphers left the hospital, but we regard this discrepancy as immaterial. In any event, on May 3, 1956 Syphers was brought before the circuit court for Lane county for sentencing on his plea of guilty which had been entered on January 12, 1955. The court postponed the imposition of sentence and requested the State Board of Probation and Parole to furnish a presentence investigation.
A psychiatrist's report, dated May 24, 1956, was received by the court on May 29 1956, and it appears from the record that certified copies of the report were mailed by the county clerk of Lane county on May 31, 1956 to the district attorney, to Syphers, and to his attorney. The report, after reciting some of Syphers' earlier history, concluded as follows:
'The patient was described on admission as a medium-sized, balding white male of ruddy complexion, who appeared to be in good physical health. Nothing of significance was found on physical examination, other than a slight inability to completely extend his right arm at the elbow. Neurological, roentgenological and further laboratory examinations did not reveal any significant findings. He was of normal intelligence (I. Q. of 93). He showed some anxiety and depression and spoke in a flat tone. He described bizarre physical symptons, stating that his throat muscles contracted and cut off his wind. At times, the patient became disturbed and his surroundings seemed to turn sideways. It was felt that his thinking was illogical to a degree that he seemed unable to clearly distinguish between the act of raping his daughter and his fantasies about it. In view of this type of disorder in his thinking, a diagnosis of 'Chronic Undifferentiated Schizophrenia' was agreed upon by the Hospital Staff Board when his case was presented on February 10, 1955. The Board further recommended that the Court be advised that it was felt that this patient should remain in the Hospital for treatment. It was also felt that his confusion would seriously interfere with his ability to assist in his own defense.
'The patient remained on Ward 43 during the remainder of his stay in the Hospital, first under the care of Dr. Cotterell until January 21, 1956; then under the care of the undersigned until his parole on May 11, 1956. When I first became acquainted with Mr. Syphers, he did not demonstrate any of the confusion or disorganization of his thinking, nor the bizarre physical complaints, presented upon admission. Several interviews with this patient over the following three months did not indicate any change of status. The patient seemed clearly able to distinguish between his fantasies and reality; to deal with a real world in a rational manner.
It next appears that on July 2, 1956 Syphers appeared in court with his attorney and asked leave to withdraw his waiver of indictment and plea of guilty. The request was granted and an order entered which reads in part as follows:
'THEREFORE, IT IS ORDERED, that said waiver of indictment and plea of 'Guilty' be now withdrawn.'
On July 31, 1956 an indictment was returned by the Lane county grand jury charging Syphers with the crime of rape upon a daughter. On August 1, 1956 Syphers was arraigned and entered a plea of not guilty.
On October 19, 1956 Syphers filed a written notice, pursuant to ORS 135.870 that he proposed to show in evidence that he was insane or mentally defective at the time of the alleged commission of the act charged.
On October 23 and 24, 1956 trial was held resulting in a verdict of guilty. On October 25, 1956 Syphers was sentenced to a term in the penitentiary of not to exceed 20 years.
On October 30, 1956 Syphers' attorney filed a motion for an order to require Lane county to pay Dr. James W. Brooke a fee of $100 for appearing as an expert witness for the defendant at the trial of said case, which motion was allowed.
The record contains a copy of a certificate by the superintendent of the Oregon State Hospital certifying: It does not appear whether an order has ever been entered by the circuit court for Marion county, which committed Syphers, declaring that he is competent. From the record it...
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