State v. Potts

WEBB, Judge.

The defendant’s first assignment of error deals with what he contends is the court’s failure to hold a hearing on his motion that he be held incompetent to stand trial. G.S. 15A-1002 provides:(a) The question of the capacity of the defendant to proceed may be raised at any time on motion by the prosecutor, the defendant, the defense counsel, or the court. The motion shall detail the specific conduct that leads the moving party to question the defendant’s capacity to proceed.(b) When the capacity of the defendant to proceed is questioned, the court:

* * *(3) Must hold a hearing to…