State v. Gates

EAGLES, Judge.

I

Defendant first assigns error to the trial court’s denial, without a hearing, of his motion for an evaluation to determine his capacity to stand trial.

G.S. 15A-1002 provides as follows:(b) When the capacity of the defendant to proceed is questioned, the court:(3) Must hold a hearing to determine defendant’s capacity to proceed.

In this case, the question as to defendant’s capacity to proceed was raised by motion during the discussion in the judge’s chambers and considered as follows:

Mr. CUMMINS: . . . Bill [defendant] has become intent on getting a pretrial evaluation. I am…