STATE OF NORTH CAROLINA
v. Cumberland County
Nos. 00 CRS 4713-14
00 CRS 53981-83
00 CRS 54478-82
00 CRS 55326
ANTHONY C. COVINGTON
Attorney General Roy Cooper, by Assistant Attorney General
Kathleen U. Baldwin, for the State.
Sherry Miller for defendant-appellant.
TYSON, Judge.
Anthony C. Covington (defendant) pled guilty to eight counts
of robbery with a dangerous weapon, five counts of common law
robbery, five counts of second degree kidnapping, and one count
each of forgery, uttering a forged instrument, attempted common law
robbery, and conspiracy to commit robbery with a dangerous weapon.
The court entered judgments imposing seven consecutive terms of
imprisonment of a minimum of ninety-four months and a maximum of
122 months each.
Defendant's appointed counsel has filed a brief on defendant's
behalf in which she states that she has been unable to identify
any specific matters upon which she believes relief may be grantedto the Defendant in this matter. She requests this Court to
conduct a full examination of the record on appeal for possible
prejudicial error overlooked by counsel. In accordance with 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), counsel submitted the brief to provide
assistance to the Court in conducting its review. Counsel has also
mailed copies of the record on appeal, briefs and the transcript to
defendant and a letter informing defendant of her inability to find
error and of his right to file his own written arguments directly
with this Court.
In response to counsel's letter, defendant has filed a
handwritten document in which he contends that he entered the plea
because he was told by his lawyer that he would receive a sentence
of 117 to 150 months and not more than nine to twelve years. He
contends that he was denied effective assistance of counsel.
By pleading guilty and receiving a sentence within the
presumptive term, defendant is limited to raising three issues on
appeal: (1) whether defendant's sentence results from an incorrect
finding of defendant's prior record level or defendant's prior
conviction level; (2) whether the sentence contains an unauthorized
disposition; and (3) whether the sentence contains a term of
imprisonment not authorized for defendant's class of offense and
prior record or conviction level. N.C. Gen. Stat. § 15A-1444(a2)
(1999). We have examined all of defendant's sentences for any of
these three possible errors and have not found any to support anappeal.
We do not address the merits of defendant's claim of
ineffective assistance of counsel because such claim is more
appropriately made by a motion for appropriate relief filed in the
trial court division pursuant to N.C. Gen. Stat. § 15A-1415 and
N.C. Gen. Stat. § 15A-1420 (1999). See, e.g., State v. House, 340
N.C. 187, 196-97, 456 S.E.2d 292, 297 (1995); State v. Ware, 125
N.C. App. 695, 696, 482 S.E.2d 14, 16 (1997); State v. Waters, 122
N.C. App. 504, 505, 470 S.E.2d 545, 546 (1996). Defendant may file
such motion, supported by affidavits and other documentary evidence
to support his claim, in the trial court. Upon the filing of the
motion, the trial court will take appropriate action in deciding
the motion.
We are unable to find any possible prejudicial error to
support a meaningful appeal. This appeal is dismissed.
Dismissed.
Judges GREENE and HUDSON concur.
Report per Rule 30(e).
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