STATE OF NORTH CAROLINA
v. Beaufort County
No. 00 CRS 3538
WALLACE CORNELIUS BURRUS
Attorney General Roy Cooper, by Assistant Attorney General
Kathleen U. Baldwin, for the State.
Dennis M. Kilcoyne for defendant appellant.
TIMMONS-GOODSON, Judge.
On 6 December 2000, Wallace Cornelius Burrus ("defendant") was
convicted of possession of cocaine with intent to sell or deliver,
resisting a public officer, and related crimes. The trial court
consolidated the offenses, imposed a suspended sentence of eight to
ten months' imprisonment, and placed defendant on probation for a
period of thirty-six months. On 27 February 2001, defendant was
served with a probation violation report, which alleged that
defendant had missed appointments with his probation officer and
drug treatment program, tested positive for marijuana use on five
occasions, failed to secure employment, and failed to satisfy the
monetary conditions of his probation. At his revocation hearing,defendant waived his right to representation by counsel and allowed
the probation officer to summarize the evidence against him. When
asked whether he could refute the charges, defendant responded,
No[,] but added that he had found employment. He ascribed his
positive drug tests to eatin[g] sesame seeds or whatever[.]
Finding defendant in willful violation of the terms of probation,
the trial court activated defendant's sentence. Defendant now
appeals to this Court.
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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 the appeal
is frivolous, and we therefore affirm the judgment of the trialcourt.
Affirmed.
Chief Judge EAGLES and Judge McCULLOUGH concur.
Report per Rule 30(e).
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