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FOR PUBLICATION

ATTORNEYS FOR APPELLANT: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE: ANNA E. ONAITIS Marion County Public Defender Agency Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Plaintiff, vs. CHARLENE DAVIS, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 49A02-0706-CR-545

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Barbara Collins, Judge Cause No. 49F08-0402-FD-29556

November 8, 2007

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary The State appeals the trial court's grant of the pre-trial motion to dismiss the pending charge against Appellee-Defendant Charlene Davis ("Davis"). We reverse and remand. Issue The State raises the issue of whether the trial court erred in dismissing the charge against Davis due to Davis being found incompetent to stand trial and her involuntarily commitment to a mental health facility for longer than the maximum sentence for the charged offense. Facts and Procedural History On February 21, 2004, the State charged Davis in Marion County with one count of Criminal Recklessness, as a Class D felony. 1 On April 21, 2004, Davis's counsel filed a Motion for Competency Evaluation. The trial court issued an order appointing two psychiatrists to examine Davis to determine whether Davis had sufficient comprehension to understand the proceedings against her and whether she appreciated the wrongfulness of her conduct alleged in the charge. After receiving and reviewing the reports submitted by the appointed psychiatrists, the trial court found Davis to be incompetent to stand trial and ordered her committed to the Department of Mental Health to be confined in an appropriate psychiatric institution. The May 2004 commitment order required the Superintendent of the psychiatric institution to certify to the trial court within ninety days whether Davis had a substantial probability of attaining sufficient comprehension within the foreseeable future to stand trial. Davis was placed at the Evansville State Hospital to receive treatment in order to 2

regain competency. As of August 23, 2004, Davis had not attained competency to stand trial according to the report submitted to the trial court by the Superintendent of the Evansville State Hospital. The Superintendent opined that Davis would not regain competency in the foreseeable future. Due to Davis's continued need for treatment, the Superintendent filed a petition with the Vanderburgh County Superior Court for Davis's civil involuntary commitment. Under a civil cause number, proceedings for a regular civil commitment pursuant to Indiana Code Chapter 12-26-7 were instituted, and Davis was committed on September 3, 2004. Davis was evaluated for competency to stand trial in August of 2005. It was reported to the Marion County trial court that Davis still lacked competency to stand trial. At some point in time after this report, Davis was transferred to Larue Carter Memorial Hospital. On March 1, 2007, Dr. Beth Pfau, Chief Medical Officer at Larue Carter Memorial Hospital, wrote to inform the Marion County trial court that it was her opinion that Davis could not be restored to competency. Subsequently, Davis's counsel filed a motion to dismiss the charge on the basis that Davis had been involuntarily committed for longer than the maximum sentence for the charged crime. On April 26, 2007, the trial court granted the motion to dismiss, agreeing with the argument of Davis's counsel. The State appeals pursuant to Indiana Code Section 35-38-4-2(1).

Discussion and Decision
1

Ind. Code

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