A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).

NO. COA01-576

NORTH CAROLINA COURT OF APPEALS

Filed: 5 February 2002

STATE OF NORTH CAROLINA

    v.                            Forsyth County
                                Nos.    00 CRS 30015
MAURICE TONY MORGAN                        00 CRS 13413

    Appeal by defendant from judgment entered 7 November 2000 by Judge L. Todd Burke in Forsyth County Superior Court. Heard in the Court of Appeals 31 December 2001.

    Attorney General Roy Cooper, by Assistant Attorney General J. Bruce McKinney, for the State.

    Richard D. Ramsey for defendant-appellant.

    EAGLES, Chief Judge.

    Defendant Maurice Tony Morgan was convicted of felony breaking or entering an automobile. Upon his admission to habitual felon status, the trial court sentenced defendant in the mitigated range to seventy to ninety-three 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 therequirements 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 the appeal is frivolous. Accordingly, we hold that defendant received a fair trial free from prejudicial error.
    No error.
    Judges TIMMONS-GOODSON and McCULLOUGH concur.
    Report per Rule 30(e).

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