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McCrary v. State

The trial court was not required to sua sponte order a competency hearing based on the defendant's rambling trial testimony, since the defendant was responsive and appeared to understand the nature of the proceedings.

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A jury found Johnny McCrary guilty of theft by shoplifting and criminal trespass for stealing a hat from a store at the Atlanta airport. McCrary appeals his conviction, arguing 1 that the trial court erred in not granting a request for a competency evaluation; and 2 that he received ineffective assistance of counsel because counsel did not raise the issue of competence in a timely manner. For the following reasons, we affirm McCrary’s conviction. 1. As a threshold matter, we address the Appellant’s disregard of this Court’s rules. Specifically, Rule 25 a provides that a brief shall consist of three parts: 1 a statement of the proceedings and material facts; 2 enumerations of error; and 3 argument and citation of authority. Here, however, McCrary attached an addendum to his brief, which he entitles “Additional Arguments and Citations to Authority and to the Record.” The pages of the addendum have not been numbered, and McCrary does not specify to which alleged error the addendum applies.

“Our requirements as to the form of appellate briefs were created not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court.”1 McCrary’s disregard of our rules has hampered our ability to review his claim of error. Nonetheless, as the brief, even with its additional pages, does not exceed the page limit, we have read and considered the brief in its entirety.

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