State v. Taylor

HUSKINS, Justice.

By his first assignment of error defendant contends the trial court erred in failing to commit defendant for a psychiatric examination prior to holding a hearing to determine defendant’s capacity to proceed as mandated by G.S. 15A-1002. That statute provides in relevant part:

“(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…