STATE OF NORTH CAROLINA
v. Cumberland County
Nos. 99 CRS 71833,
ANTHONY LAMONT JOHNSON 99 CRS 71834,
99 CRS 71836
Attorney General Roy Cooper, by Assistant Attorney General M.
A. Kelly Chambers, for the State.
Cooper, Davis & Cooper, by Robert L. Cooper, for defendant-
appellant.
EAGLES, Chief Judge.
A jury found defendant Anthony Lamont Johnson guilty of two
counts of statutory rape of a child between thirteen and fifteen
years of age, two counts of taking indecent liberties with a child,
and one count of first-degree kidnapping. Thereafter, defendant
pled guilty to charges of assault with a deadly weapon inflicting
serious injury, attempted robbery with a dangerous weapon,
conspiracy to possess cocaine with intent to sell or deliver,
possession of cocaine with intent to sell or deliver, sale of
cocaine, delivery of cocaine, and habitual felon status. In light
of defendant's convictions on the statutory rape counts, the trial
court arrested judgment on defendant's first-degree kidnappingconviction and substituted a conviction for second-degree
kidnapping. See State v. Wiggins, 136 N.C. App. 735, 742, 526
S.E.2d 207, 211-12, disc. review denied, 352 N.C. 156, 544 S.E.2d
243 (2000). The trial court then consolidated defendant's
convictions and sentenced him to a single term of 269 to 332 months
imprisonment. Defendant gave notice of appeal in open court.
Counsel appointed to represent defendant on appeal has filed
an Anders brief indicating that he is unable to identify an issue
with sufficient merit to support a meaningful argument for relief
on appeal. He asks that this Court conduct its own review of the
record for possible prejudicial error. Counsel has filed
documentation with the Court showing that he has complied with the
requirements of Anders v. California, 386 U.S. 738, 18 L. Ed. 2d
493, reh'g denied, 388 U.S. 924, 18 L. Ed. 2d 1377 (1967), and
State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), by advising
defendant of his right to file written arguments with the Court and
providing him with a copy of the documents pertinent to his appeal.
Defendant has filed no additional arguments of his own with this
Court, and a reasonable time for him to have done so has passed.
In accordance with Anders, we have fully examined the record
to determine whether any issues of arguable merit appear therefrom
and whether the appeal is wholly frivolous. We conclude that the
appeal is frivolous and no error exists.
No error.
Judges TIMMONS-GOODSON and McCULLOUGH concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***