STATE OF NORTH CAROLINA
v. Buncombe County
Nos. 99 CRS 02300-08
JEFFREY LEIGH INGLE 98 CRS 65872-75
98 CRS 65869
98 CRS 65866-67
98 CRS 65864
98 CRS 65798-800
98 CRS 65859-62
Attorney General Roy Cooper, by Assistant Attorney General
Christopher W. Brooks, for the State.
Leah Broker for defendant-appellant.
BRYANT, Judge.
Defendant entered a guilty plea to twenty counts of forgery
and uttering, one count of breaking and entering, one count of
larceny after breaking and entering, and three counts of habitual
felon status. In addition to the three prior felony convictions
supporting his habitual felon status, defendant stipulated to
convictions giving him nine prior record points and a Prior Record
Level of IV. Pursuant to the terms of defendant's plea agreement,
Judge Guice consolidated defendant's offenses for judgment and
sentenced him in the presumptive range to 125 to 159 months'imprisonment. On 7 December 2000, we allowed defendant's petition
for writ of certiorari to review defendant's sentence and prior
record level calculation.
Counsel appointed to represent defendant on appeal has filed
an Anders brief indicating that she is unable to identify an issue
with sufficient merit to support a meaningful argument for relief
on appeal. She asks that this Court conduct its own review of the
record for possible prejudicial error. Counsel has filed
documentation with the Court showing that she has complied with the
requirements of Anders v. California, 386 U.S. 738, 18 L. Ed. 2d
493 (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 filed an Anders brief.
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. Although the judgment
reflects the trial court's erroneous finding of ten, rather than
nine, prior record points, this error does not affect defendant's
Prior Record Level of IV. See N.C.G.S. § 15A-1340.14(c)(4) (2001).
Absent any prejudicial error appearing in the record, we conclude
the appeal is frivolous.
No error.
Judges MARTIN and HUNTER concur.
Report per Rule 30(e).
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