An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA02-821

NORTH CAROLINA COURT OF APPEALS

Filed: 18 March 2003

STATE OF NORTH CAROLINA

         v.                            Pasquotank County
                                    No. 00CRS001325
DAVID ERVIN MULLEN                    

    Appeal by defendant from judgment entered 27 February 2001 by Judge W. Russell Duke, Jr. in Pasquotank County Superior Court. Heard in the Court of Appeals 3 March 2003.

    Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Isaac T. Avery, III and Assistant Attorney General Patricia A. Duffy, for the State.

    James R. Gilreath, Jr. for defendant-appellant.

    
    HUNTER, Judge.

    David Ervin Mullen (“defendant”) appeals the trial court's judgment imposed after a jury verdict finding defendant guilty of driving while impaired, for which he was sentenced to ninety days imprisonment. We find no error.
    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 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), by advising defendant of his right to filewritten 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. We have been unable to find any possible prejudicial error and conclude that the appeal is wholly frivolous.
    No error.
    Judges BRYANT and ELMORE concur.
    Report per Rule 30(e).

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