STATE OF NORTH CAROLINA
v. Wilkes County
No. 01 CRS 50695
DOUGLAS COLON LOVE
Attorney General Roy Cooper, by Assistant Attorney General
Richard G. Sowerby, for the State.
Nancy R. Gaines, for defendant-appellant.
CAMPBELL, Judge.
Defendant was convicted of assault with a deadly weapon
inflicting serious injury and was sentenced to 46-65 months.
The sole issue on appeal is whether the court erred by finding
defendant competent to proceed without ordering a mental health
evaluation and without the presentation of significant evidence on
the issue. For the following reasons, we hold the court did not
err.
A person may not be tried, convicted, sentenced or punished
for a crime when by reason of mental illness or defect he is
unable to understand the nature and object of the proceedings
against him, to comprehend his own situation in reference to the
proceedings, or to assist in his defense in a rational orreasonable manner. N.C. Gen. Stat. § 15A-1001(a)(2001). The
trial court may order a mental health evaluation of a defendant
when the defendant's capacity or competency to stand trial is
questioned. N.C. Gen. Stat. § 15A-1002(b)(1) (2001). If it is
demonstrated that there is a significant possibility that the
defendant is incompetent to stand trial, then the court must
appoint an expert or experts to inquire into the defendant's mental
health. State v. Grooms, 353 N.C. 50, 78, 540 S.E.2d 713, 730
(2000), cert. denied, 534 U.S. 838, 151 L. Ed. 2d 54 (2001). The
defendant bears the burden of proving that he is not competent to
stand trial. State v. O'Neal, 116 N.C. App. 390, 395, 448 S.E.2d
306, 310, disc. review denied, 338 N.C. 522, 452 S.E.2d 821 (1994).
The method of inquiry into the defendant's competency to stand
trial is within the discretion of the trial judge. State v. Gates,
65 N.C. App. 277, 282, 309 S.E.2d 498, 501 (1983). The ultimate
decision whether or not to order a mental evaluation is within the
discretion of the trial judge. State v. Rouse, 339 N.C. 59, 88,
451 S.E.2d 543, 559 (1994), cert. denied, 516 U.S. 832, 133 L. Ed.
2d 60 (1995).
As grounds for seeking a mental evaluation, defendant's
counsel stated that defendant had failed to contact counsel for two
months despite counsel's and family members' repeated requests for
defendant to contact counsel and that a relative of defendant had
stated it appeared to him defendant did not understand the gravity
of the charges. Under questioning by the court at the hearing to
determine whether a mental evaluation should be ordered, defendanttestified that he came to court because he knew his trial was
scheduled for that date. Defendant indicated that he had not
contacted counsel because he had been busy. He also stated that he
was not under the influence of alcohol, drugs or medicine and that
he was charged with felony fighting. The court offered counsel
the opportunity to question defendant but counsel declined.
We find nothing in the foregoing to indicate that defendant
was not competent to proceed. We conclude the court did not abuse
its discretion by not ordering a mental evaluation.
No error.
Judges WYNN and McGEE concur.
Report per Rule 30(e).
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