“The record also contains testimony from Dr. Goodman that his conversations with Hain were relied upon in determining [the defendant’s] competency, and evaluating his mental state. There is no assertion that the information related by Goodman was offered to prove the truth of the matter asserted. Rather, the statement was used to evaluate [the defendant’s] state of mind . . . .”
How later courts described this case
- “The record also contains testimony from Dr. Goodman that his conversations with Hain were relied upon in determining [the defendant’s] competency, and evaluating his mental state. There is no assertion that the information related by Goodman was offered to prove the truth of the matter asserted. Rather, the statement was used to evaluate [the defendant’s] state of mind . . . .”
Written by the judges who cited it.
The opinion
JOHNSON, Vice Presiding Judge,
concurring in part/dissenting in part.
I would dissent from the majority herein for the reason as propounded in the State’s brief. I would agree that this Court’s previous holding in Munson v. State, 758 P.2d 324 (Okl.Cr.1988) is controlling. The court’s holding was that the information is sufficient if it contains the element of the offense charged -and which he must defend. In this case, the elements of the crime were contained in the information that would reasonably inform the defendant of a possibility of a felony murder. The defendant was not misled. Therefore, I would affirm the sentence of guilt but would concur in the reversal as it relates to second stage.