Thomas v. State, F-86-92
| Decision Date | 14 July 1989 |
| Docket Number | No. F-86-92,F-86-92 |
| Citation | 777 P.2d 399 |
| Parties | David Roy THOMAS, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, David Roy Thomas, was convicted of four counts of Manslaughter, First Degree (21 O.S.1981, § 711 subd. 1) in the District Court of Rogers County, Case No. CRF-84-121. Punishment was set by the jury at fifteen (15) years imprisonment for each count. Sentence was entered accordingly, and Appellant now appeals.
A recitation of the facts underlying Appellant's conviction is unnecessary insofar as the action taken today is not dependant on the circumstances of the crime.
Immediately prior to trial, Appellant properly made application to the trial court requesting examination of his current competency to stand trial. After a hearing in accordance with 22 O.S.1981, § 1175.3, the trial court determined that Appellant had presented sufficient evidence to raise "a doubt" as to his competency and ordered appellant transferred to Grand Lake Mental Health Center for examination.
After the examination, the treating expert, William R. Ford, expressed his opinion that Appellant was competent to stand trial in a letter to the trial court. No post-examination hearing was requested by appellant nor was any such hearing conducted by the trial court. 22 O.S.1981, § 1175.4. The case proceeded to trial and conviction resulted.
When the trial court failed to conduct the mandatory post-examination hearing, serious error resulted. This part of the competency proceedings is not an optional requirement nor is it one which a defendant may waive by his failure to request.
We have previously held that although the post-examination hearing is absolutely required by the statutes concerning competency proceedings, failure to conduct such a hearing is not necessarily a fatal error incapable of cure. See Anderson v. State, 765 P.2d 1232 (Okl.Cr.1988); Johnson v. State, 761 P.2d 484 (Okl.Cr.1988); Rowell v. State, 699 P.2d 651 (Okl.Cr.1985). Contra Kelly v. State, 735 P.2d 566 (Okl.Cr.1987); Scott v. State, 730 P.2d 7 (Okl.Cr.1986).
In Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966), the Supreme Court considered the constitutionality of a conviction rendered after a defendant raised the issue of competency but the trial court refused to act on the issue. The Court held that because it would be a violation of due process to convict a person incompetent to stand trial, a defendant has an absolute right to require the trial court to evaluate his current ability to stand trial. Id. at 385, 86 S.Ct. at 842. The Court indicated in its opinion that if a "meaningful hearing" on the competency question could be undertaken at a later time, then due process could be so satisfied. Id. at 378, 86 S.Ct. at 838. Because of the six-year time lapse, the Court held that the difficulties in making such a determination in that case were too great and reversed the conviction, remanding for a new trial.
Based on the procedures described in Pate, when faced with the failure of a trial court to properly conduct hearings this Court has undertaken the practice of remanding the case back to the trial court for evidentiary hearing. This hearing must address two questions: Whether or not it is feasible at this time to conduct an appropriate post-examination competency hearing, and if that question is answered affirmatively, was the defendant competent to stand trial.
It must be emphasized that the trial court...
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