§ 5-2-311 - Lack of fitness to proceed -- Motions without defendant's personal participation.
5-2-311. Lack of fitness to proceed -- Motions without defendant's personal participation.
The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:
(1) A ground that the:
(A) Indictment is insufficient;
(B) Statute of limitations has run; or
(C) Prosecution is barred by a former prosecution; or
(2) Any other ground that the court deems susceptible of fair determination prior to trial.