its discretion in proceeding to trial in light of the evidence indicating the defendant’s incompetency to proceed is to vacate defendant’s judgment and remand the case to the trial court for a new trial if and when defendant is properly determined competent to proceed with trial. Compare McRae II, 163 N.C. App. at 361, 594 S.E.2d at 74 (noting the proper remedy in cases where the trial court failed to conduct a competency hearing in violation of a defendant’s due process rights is to remand the case to the trial court to (1) determine whether it is possible for a retrospective competency hearing to be held effectively, and (2) if so, to hold such a hearing to determine defendant’s competency at the time of trial), with State v. Reid, 38 N.C. App. 547, 550, 248 S.E.2d 390, 392 (1978) (<HOLDING>). Nonetheless, in the present case, Dr. Corvin
holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict holding that the appellants failure to provide a transcript of the proceedings was fatal to its claims because without a record of the trial proceedings the appellate court can not sic properly resolve the underlying factual issues so as to conclude that the trial courts judgment is not supported by the evidence or by an alternative theory holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant holding that disposition order be vacated and the cause remanded for correction thereof holding that under aspinwall when the trial court submits to the jury a good count  one that is supported by the evidence  and a bad count  one that is not supported by the evidence  and the jury returns a general verdict this court cannot presume that the verdict was returned on the good count in such a case a judgment entered upon the verdict must be reversed