An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA02-1434


Filed: 20 May 2003


        v.                        Forsyth County
                                Nos. 01 CRS 55835-36;
GARY WAYNE RICE                     02 CRS 5622-25

    Appeal by defendant from judgment entered 2 April 2002 by Judge William Z. Wood, Jr., in Forsyth County Superior Court. Heard in the Court of Appeals 19 May 2003.

    Attorney General Roy Cooper, by Assistant Attorney General Anne M. Middleton, for the State.

    Brian Michael Aus, for defendant-appellant.

    CALABRIA, Judge.

    Defendant was arraigned on two counts of taking indecent liberties with a minor, four counts of attempted statutory sex offense and one count of attempted statutory rape. During the proceedings of a jury trial, defendant pled no contest pursuant to a plea arrangement to all charges in exchange for a consolidation of all charges into one class B felony for sentencing purposes. Defendant received a level 2 sentence due to a prior conviction for drunk driving. The court sentenced the defendant within thepresumptive range, for a minimum of 189 months to a maximum of 236 months in the custody of the North Carolina Department of Correction.
Defendant's counsel has filed a brief pursuant to 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). Counsel has attached to the brief a letter dated 4 December 2002 advising defendant in accordance with these decisions. Defendant, in a letter through his aunt dated 25 December 2002, has filed his own written arguments.
We have reviewed the record on appeal and briefs. We are unable to find any possible prejudicial error.
    No error.
    Judges MARTIN and McCULLOUGH concur.
    Report per Rule 30(e).

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