Form 9-404A. Order on motion for competency evaluation; transfer.

[For use with Magistrate Court Rule 6-507.1 NMRA and Municipal Court Rule 8-507.1 NMRA] STATE OF NEW MEXICO [COUNTY OF _______________] [CITY OF ___________________] __________________ COURT STATE OF NEW MEXICO [COUNTY OF _______________] [CITY OF ___________________] v. No. __________ _______________________________, Defendant. ORDER ON MOTION FOR COMPETENCY EVALUATION [AND TRANSFERRING CASE] The Court, having considered the motion for competency evaluation [and the response in opposition] and being otherwise fully advised in the premises, FINDS and CONCLUDES: 1. An issue as to the defendant’s competency to stand trial has been raised by motion of: [ ] the defense. [ ] the prosecution. [ ] the court. 2. A hearing on the motion: [ ] was held. [ ] was not held. 3. The parties: [ ] stipulate that this case should be transferred to the district court for a competency determination. [ ] do not stipulate that this case should be transferred to the district court for a competency determination. 4. The motion: [ ] is based on a good faith belief that the defendant may not be competent to stand trial. [ ] is not based on a good faith belief that the defendant may not be competent to stand trial. 5. The motion: [ ] is not advanced for purposes of delay. [ ] is advanced for purposes of delay. 6. The court FINDS: [ ] The motion IS supported by a reasonable belief that the defendant may not be competent to stand trial based upon the following: [ ] The facts alleged in the motion for a competency evaluation, which are [ ] set forth in the written motion and incorporated herein; or [ ] described as follows: __________________________________ ________________________________________________ __________ ________________________________________________ __________ ________________________________________________ __________ ________________________________________________ __________; [ ] The court’s observations of the defendant, described as follows: _______ _____________________________________________________ ___________ _____________________________________________________ ___________ _____________________________________________________ ___________ _____________________________________________________ ________; and [ ] Other: _____________________________________________________ _____________________________________________________ ___________ _____________________________________________________ ___________. OR [ ] The motion IS NOT supported by a reasonable belief that the defendant may not be competent to stand trial. 7. It is ORDERED that the proceedings in this case: [ ] shall be suspended, and this case shall be transferred to the district court for a determination of competency; or [ ] shall not be transferred to the district court because the allegations are insufficient to demonstrate a reasonable belief that the defendant may not be competent to stand trial. ________________________________ Judge ________________________________ Attorney for the State ________________________________ Attorney for the defendant