State v. Leyshon, 211 N.C.App. 511, 710 S.E.2d 282 (May. 3, 2011)

The court rejected the defendant’s argument that his due process rights were violated when the trial judge failed to provide him with a hearing before ordering an examination of his capacity to proceed. G.S. 15A-1002 does not require the trial judge to conduct a hearing before such an examination. A defendant may request a hearing after the examination but failure to do so—as happened here—constitutes a waiver.