STATE OF NORTH CAROLINA
v. Gaston County
Nos. 97 CRS 22156,
COREY DONNELL WHITE 24483, 24489
Attorney General Roy Cooper, by Special Deputy Attorney
General Richard E. Slipsky, for the State.
David Childers for defendant-appellant.
TIMMONS-GOODSON, Judge.
Corey Donnell White (defendant) was convicted of two counts
of robbery with a dangerous weapon and one count of second degree
kidnapping. Defendant was sentenced to consecutive terms of 117 to
150 months imprisonment for each robbery conviction, and sentenced
to a concurrent term of forty-six to sixty-five months imprisonment
for kidnapping charge. Defendant appeals.
Counsel appointed to represent defendant has been unable to
identify any issue with sufficient merit to support a meaningful
argument for relief on appeal and asks that this Court conduct its
own review of the record for possible prejudicial error. Counsel
has also shown to the satisfaction of this Court 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 this Court and providing him with the documents
necessary for him to do so.
Defendant has not filed any written arguments on his own
behalf with this Court and a reasonable time in which he could 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.
Although we find no error necessitating reversal or a new
trial, our review of the record has disclosed an error in the
judgment and commitment forms. Defendant was found to have 14
prior record level points, for a prior record level of IV. The
judgments also reflect that defendant had 14 prior record level
points. However, the judgments erroneously categorize defendant as
having a prior record level of V. We are unable to say with
certainty whether these errors are mere clerical errors, and
whether defendant was sentenced correctly as a Level IV felon, or
incorrectly as a Level V felon, because defendant's sentences were
within the presumptive range for both levels. Accordingly, we
remand the matter for determination of whether the trial court
sentenced defendant erroneously as a Level V felon, or whether
there is simply a clerical error in the judgments, and for
correction of these errors in the judgments.
Other than the errors relating to defendant's prior recordlevel, we have been unable to find any possible prejudicial error
and conclude that the appeal is wholly frivolous.
No error; remanded for correction of clerical errors.
Chief Judge EAGLES and Judge McCullough concur .
Report per Rule 30(e).
*** Converted from WordPerfect ***