 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Sopczak6/26/2002
CONVICITON AFFIRMED; SENTENCE ON MULTIPLE BILL VACATED AND REMANDED
Defendant, Michael Sopczak, appeals his conviction on two counts of simple burglary, alleging that he was insane at the time of the offenses. For the reasons to follow we affirm his convictions, but vacate the sentences on the multiple offender proceedings and remand for re-sentencing.
Sopczak was charged with two counts of simple burglary, in violation of LSA-R.S. 14:62, and pled not guilty. The defense filed an Application for Appointment of a Sanity Commission, asserting that Sopczak was not competent to assist counsel at trial, and that he did not understand the consequences of his actions when he committed the charged offenses.
A competency hearing was held on January 7, 1999, at which time the state and the defense agreed to stipulate to the medical reports submitted by Drs. Marguerite Poreda and Jodie Holloway. The trial court found Sopczak competent to stand trial.
On May 3, 1999, Sopczak appeared with a new attorney, and entered a plea of not guilty and not guilty by reason of insanity. The state filed a revised Notice of Intent to Introduce Evidence of Other Crimes. Subsequently Sopczak appeared with yet another attorney, who moved the court to grant a trial continuance so that Sopczak could be evaluated by a Dr. Jackson, waiving any prescription challenges. The continuance was granted. On May 11, 2000, the court granted the state a continuance to allow Sopczak to be examined by Dr. Mark Dean.
After numerous other continuances, Sopczak was tried by a six-member jury on November 14, 15, and 16, 2000 and at the conclusion of trial, the jury found him guilty as charged on both counts. Sopczak was originally sentenced to 12 years at hard labor on each count, with the sentences to run concurrently. A Motion to Reconsider Sentence was filed, and on the same day, Sopczak filed a Motion for Appeal, which motion was granted.
The state filed an habitual offender bill of information alleging Sopczak to be a third felony offender. Sopczak responded with a second Motion for Appointment of a Sanity Commission. A sanity commission was appointed to determine Sopczak's mental capacity to proceed, but on December 19, 2001, Sopczak stipulated to his competency. The prosecutor joined in the stipulation. On that day, Sopczak admitted to the allegations in the habitual offender bill. The court accepted the admission, and found him to be a third felony offender. One of his sentences was vacated, and the court imposed an habitual offender sentence of eight years at hard labor.
FACTS
At trial, Linda Engelhardt testified she is the office manager for her husband, Dr. Gilmer Engelhardt, a dentist whose office is on Shores Drive in Metairie. She stated that although the office had been cleaned and secured prior to the Christmas holiday, when she arrived on the morning of December 26, 1997, she found that every room in the office had been ransacked.
Mrs. Engelhardt testified that files and charts were piled in a large heap on the floor and that everything was wet, as if some liquid had been poured on it. An intruder had apparently entered by breaking a window. Missing from the office were an answering machine, a stereo receiver, some dental supplies, and scrap dental gold. Ms. Engelhardt identified State's Exhibit 7 as a photograph of a partially consumed bottle of liquor located in the office. She stated that the liquor was a Christmas gift, and that it had been left unopened when the office was closed for the holiday. The approximate value of the missing items was between $4,500.00 and $5,000.00. Ms. Engelhardt testified that neither she nor he
Page 1 2 3 4 5 6 7 8 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|