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General 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 COUNTY OF ________________

The State of South Carolina,

vs.

______________________ Defendant.

) IN THE COURT OF GENERAL SESSIONS ) Indictment No(s): ______________________ ) A/Warrant No(s): ______________________ ) ) ) ) FINDING OF COMPETENCE TO STAND TRIAL ) AND ) AUTHORIZATION TO PROCEED WITH TRIAL ) ) ) )

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: ____________________

SCCA 221(a) (11/2007)