Finding Of Competence To Stand Trial Authorization To Proceed With Trial
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1General Sessions Order following Blair Hearing on Defendant’s Competency To Stand Trial
Finding Defendant Competent to Stand Trial §44-23-430(1)
STATE OF SOUTH CAROLINA
)
IN THE COURT OF GENERAL SESSIONS
______________
COUNTY OF
)
Indictment No(s): __________________________
________________________
)
A/Warrant No(s):
)
The State of South Carolina,
)
)
) FINDING OF COMPETENCE TO STAND TRIAL
)
AND
vs.
) AUTHORIZATION TO PROCEED WITH TRIAL
)
)
_____________________________
)
Defendant.
)
This matter is before me pursuant to S.C. Code Ann. §44-23-430 (1976) for a
hearing on the issue of Defendant’s competence to stand trial.
Defendant is charged with ______________________________________ .
Pursuant to a previous Court order, Defendant’s competence to stand trial has been
evaluated.
In a report dated ______________, the examiners found that Defendant
presently has sufficient mental capacity to understand the charges against him and assist
in his own defense and thus is fully competent to stand trial pursuant to the standards set
forth in S. C. Code Ann. § 44-23-410 and State vs. Blair, 275 S.C. 529, 273 S.E.2d 536
(1981). The report was statutorily admitted into evidence pursuant to S.C. Code Ann.
§ 44-23-420(C), and a copy of the report is attached hereto.
Based upon the examiner’s report, I find that Defendant is presently competent to
stand trial, and the Solicitor is authorized to proceed with a trial in this matter.
IT IS SO ORDERED.
________________________________
Presiding Judge
__________ Judicial Circuit
Date: ____________________
Solicitor’s name: _____________________
Defense Counsel: ________________________
Telephone: __________________________
Telephone: _____________________________
Email: ______________________________
Email: _________________________________
SCCA 221(a) (03/2013)
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