In Re Benton

ARNOLD, Judge.

While it is clear from the record that the commitment period of sixty days has expired, this appeal is not moot. In re Carter, 25 N.C. App. 442, 213 S.E. 2d 409 (1975), and In re Mostella, 25 N.C. App. 666, 215 S.E. 2d 790 (1975).

Defendant contends and the State concedes that the trial court erred in admitting the affidavit of Dr. Pellegrini, the examining psychiatrist. We agree. Dr. Pellegrini was a witness for purposes of the proceeding. See Bailey v. McGill, 247 N.C. 286, 100 S.E. 2d 860 (1957). G.S. 122-58.7 (e) provides that “[c]erti-fied copies of reports and findings of…