STATE OF NORTH CAROLINA
v. Wayne County
No. 00 CRS 746
REMIGIO CAMPOS PINEDA
Attorney General Roy Cooper, by Assistant Attorney General
Steven Armstrong, for the State.
Law Offices of MacQueen & Turnage, by Benjamin M. Turnage, for
defendant appellant.
TIMMONS-GOODSON, Judge.
Defendant was found guilty by a jury of trafficking in cocaine
by possession and trafficking in cocaine by sale, based on evidence
that he sold two ounces of cocaine to undercover police officer
Billy Beamon for $1500 on 8 December 1999. Judge Jones
consolidated the offenses and sentenced defendant to thirty-five to
forty-two months of 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 therecord 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 exercised this right, and we address his claims
below.
Defendant asserts that the trial court erred in failing to
require the prosecution to introduce into evidence the scales and
thermos allegedly seized from his residence. He notes that the
prosecution called as witnesses only two of the six officers who
participated in the search of his home. Finally, defendant argues
that the failure of a confidential police informant to testify
deprived him of his right to confront his accuser.
Defendant's arguments provide no basis for relief. Save for
certain ethical constraints, a prosecutor enjoys complete
discretion as to what witnesses to call and what physical evidence
to introduce at trial. Here, the State based its case primarily
upon the testimony of Beamon, who detailed his face-to-face
purchase of the cocaine from defendant. The State further
introduced as physical evidence the cocaine defendant sold to
Beamon. To the extent defendant claims a violation of his rights
under the Confrontation Clause, we note simply that the prosecution
did not rely on the confidential informant to prove itsallegations. Cf. State v. Covington, 22 N.C. App. 250, 252, 206
S.E.2d 361, 363 (1974) (Absent a showing of necessity for
divulgence of the informant's identity, the trial court may
properly refuse such requested disclosure.).
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. We find defendant received a fair trial free from
prejudicial error.
No error.
Chief Judge EAGLES and Judges MCCULLOUGH concur.
Report per Rule 30(e).
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