Whorton v. State, 8 Div. 730
Decision Date | 12 October 1982 |
Docket Number | 8 Div. 730 |
Parties | Henry Otis WHORTON v. STATE. |
Court | Alabama Court of Criminal Appeals |
Marc Sandlin of McDaniel & McDaniel, Huntsville, for appellant.
Charles A. Graddick, Atty. Gen., and Leura J. Garrett, Asst. Atty. Gen., for appellee.
During October 1981, the defendant was charged in a three-count indictment with burglary, theft, and receiving stolen property. On February 4, 1982, he entered a guilty plea to the indictment and the trial court set sentencing for April 9, 1982.
On April 9, the defendant moved to withdraw his plea. The court granted the motion and set the case for trial on June 14, 1982. Then on May 18, 1982, defendant's appointed counsel withdrew and substitute counsel was named to represent him. The second attorney also withdrew and, on May 26, 1982, the defendant retained other counsel who now represents him on appeal.
On May 31, defendant's lawyer filed motions for a continuance and for a psychiatric exam. The record does not indicate that the circuit court ruled on either motion. Then on June 14, 1982, the date set for trial, defendant pleaded guilty to an amended indictment charging burglary in the third degree. After being sentenced to fifteen years' imprisonment, the defendant filed notice of appeal, claiming that his motions for continuance and for a psychiatric exam were erroneously denied and that there was no factual basis for the guilty plea.
The propriety of the motion for a continuance and the motion for a psychiatric exam are not before us for review. Review on appeal is limited to matters on which rulings are invoked at the trial court. Streeter v. State, 406 So.2d 1024 (Ala.Cr.App.), cert. denied, 406 So.2d 1029 (Ala.1981). In the absence of a ruling, a request for a ruling, or an objection to the court's failure to rule, we have nothing to review. Stewart v. State, 398 So.2d 369 (Ala.Cr.App.), cert. denied, 398 So.2d 376 (Ala.1981). See also Carroll v. State, 405 So.2d 163 (Ala.Cr.App.1981); Boykin v. State, 398 So.2d 766 (Ala.Cr.App.), cert. denied, 398 So.2d 771 (Ala.1981).
Moreover, in the absence of any evidence, the mere allegations by counsel that the accused is incompetent to stand trial do not establish "reasonable ground to doubt [defendant's] sanity" which would warrant an inquiry into his competency. See Ala.Code § 15-16-21 (1975); Williams v. State, 386 So.2d 506 (Ala.Cr.App.1980); Atwell v. State, 354 So.2d 30 (Ala.Cr.App.), cert. denied, 354 So.2d 39 (1977).
The defendant contends that there was no factual basis to support his guilty plea because the court did not take steps to determine that he had the intent to commit the offense charged. Specifically, he argues that he was so intoxicated at the time of the act that he was unable to form the requisite intent, and the court should have made further inquiries into this matter before accepting his plea.
During the colloquy between the defendant and the trial judge, the following occurred:
From the foregoing, it is clear that the court adequately explained to the defendant the mental state required to support a conviction, and made sufficient inquiries into the degree of intoxication of the accused. The judge also ascertained that the defendant had discussed with his attorney the effect of intoxication on criminal intent, and after being fully informed, the defendant chose to plead guilty.
In our judgment, this case is controlled by the recent decision of the Alabama Supreme Court in Carl Andrew Russell...
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