State v. Aytche

WELLS, Judge.

Defendant first contends the court erred in denying his motion for a continuance based on defendant’s assertion that pain interfered with his ability to stand trial. This assignment in effect challenges the trial court’s ruling that defendant was competent to stand trial. Defendant contends pain from a previous back injury rendered him incapable to proceed, pursuant to the provisions of N.C. Gen. Stat. § 15A-1001 (1988).

Prior to trial defense counsel filed a written motion for “evaluation of defendant.” In this motion, counsel requested that defendant be examined and treated for…