 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Greeno v. State11/28/2000
fied were asked whether Mr. Greeno was suffering from a mental disease or defect. While there was testimony that Mr. Greeno suffers from post-traumatic stress disorder, alcohol abuse in remission, cannabis abuse in remission, and personality disorder, there was no evidence as to whether any of the conditions constitute a mental disease or defect, and there was conflicting evidence regarding the impact of those conditions on Mr. Greeno. As in Styles I, we cannot say, based on the record before us, that Mr. Greeno was suffering from a mental disease or defect at the time of the hearing.
For this reason, we conclude that the trial court's judgment must be reversed and the cause remanded for the court to make a finding on the question of whether Mr. Greeno is suffering from a mental disease or defect. The court may reopen the case and take additional evidence to resolve that question. If the court finds that Mr. Greeno is not suffering from a mental disease or defect, it shall order him discharged. If the court finds that he is suffering from a mental disease or defect, the court shall proceed under section 552.040.12. Because of our disposition of Mr. Greeno's point I, we need not address the other points raised on appeal.
All concur.
Page 1 2 3 4 5 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|