Opinion
WR-94,776-01
05-08-2024
EX PARTE CHARLES HENRY REDD, JR., Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 17451-A IN THE 336TH DISTRICT COURT FROM FANNIN COUNTY
ORDER
Per curiam.
Applicant was convicted of capital murder and sentenced to life imprisonment. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that trial counsel was ineffective for failing to review a psychiatrist's report that Applicant was insane and discuss it with Applicant before Applicant pleaded guilty. The trial court recommends granting relief based on an involuntary plea due to the ineffective assistance of counsel.
After a thorough review of the entire habeas record, we disagree. The psychiatrist's opinion that Applicant was "probably insane" at the time of the offense due to the combined effects of a "thought disorder" and cocaine use is inconsistent with the legal standard for the affirmative offense of insanity. Tex. Penal Code § 8.01(a). "[I]f the pre-existing condition of mind of the accused is not such as would render him legally insane in and of itself, then the recent use of intoxicants causing stimulation or aggravation of the pre-existing condition to the point of insanity cannot be relied upon as a defense to the commission of the crime itself." Evilsizer v. State, 487 S.W.2d 113, 116 (Tex. App. Crim. 1972). Therefore, the psychiatrist's report was not evidence of the affirmative defense of insanity.
We find that the habeas record does not support the contention that Applicant would not have pleaded guilty but for ineffective assistance of counsel. We therefore deny relief.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.