State v. Wilkins, 2022-NCCOA-911, ___ N.C. App. ___ (Dec. 29, 2022)

In this Caswell County case, Defendant appealed his conviction for drug possession charges, arguing error by the trial court for the lack of a competency evaluation and admission of testimony regarding his silence at a traffic stop. The Court of Appeals found no error.

Defendant was in the front seat of an SUV stopped in 2018 under suspicion of throwing contraband into a prison yard. A search of the vehicle found two footballs cut open and filled with drugs; defendant was silent during the stop and search of the vehicle. While awaiting trial, defense counsel moved for a competency hearing; the trial court entered an order finding defendant’s competency in question, and ordering an evaluation of defendant. However the defendant was never evaluated and no finding was ever entered as to his competency, as he was instead released on bail. By the time defendant reached trial in 2021, he had new counsel, who did not assert the right to a competency evaluation, and defendant was convicted of drug possession.

Reviewing defendant’s appeal, the court noted that defendant never objected to the lack of a hearing or evaluation on his competency at trial, and this represented waiver of the statutory right to a competency evaluation and hearing. Defendant failed to assert a due process clause claim for the competency hearing, preventing consideration of the constitutional issue. The court explained that the statutory right to a competency hearing comes from G.S. 15A-1002, and under State v. Young, 291 N.C. 562 (1977), “our Supreme Court repeatedly has held that ‘the statutory right to a competency hearing is waived by the failure to assert that right at trial.’” Slip Op. at 4, quoting State v. Badgett, 361 N.C. 234 (2007). Reviewing defendant’s objection to the admission of testimony about his silence, the court found no plain error, and noted it was unclear if the issue was even reviewable on appeal. Id. at 9-10.

Judge Inman dissented by separate opinion, and would have granted defendant’s right to competency hearing. Id. at 11.