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STATE v. GATES

No. 8325SC59.

309 S.E.2d 498 (1983)

STATE of North Carolina v. Bill Ellis GATES.

Court of Appeals of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Asst. Appellate Defender Nora B. Henry, Wilson, for defendant-appellant.

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...

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