State v Allen, (02-1686) 08/19/2003

Appeal by defendant from judgment entered 23 September 2002 by Judge Ronald E. Spivey in Superior Court, Watauga County. Heard in the Court of Appeals 4 August 2003.

Attorney General Roy Cooper, by Assistant Attorney General Daniel S. Johnson, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Charlesena Elliot Walker, for defendant-appellant.

McGEE, Judge.

    Defendant was indicted for possession of methamphetamine on 5 November 2001. Defendant filed a motion on 13 August 2002 to suppress evidence seized in a search incident to an arrest. Following a hearing on 23 September 2002, the trial court denied defendant's motion. Defendant then pled guilty to the charge pursuant to a plea arrangement but reserved the right to appeal the denial of his motion to suppress. The trial court imposed a suspended sentence of six to eight months' imprisonment. Defendant appeals.
    Defendant's counsel lists four assignments of error but notes in defendant's brief that the arrest order was lawfully issued,that defendant's arrest was therefore not invalid, and that the search incident to the arrest was proper. Counsel states that "[a]fter repeated and close examination of the record, review of the relevant law, and consultation with the Appellate Defender, trial counsel, and other attorneys in this office, undersigned counsel is unable to identify an issue with sufficient merit to support a meaningful argument for relief on appeal." Counsel asks this Court to "conduct a full examination of the record on appeal for possible prejudicial error and to determine whether any justiciable issue has been overlooked by counsel." Counsel also briefly discusses the other potential grounds for appeal permitted by statute following entry of a plea of guilty. See N.C. Gen. Stat. § 15A-1444 (2002).
    By letter dated 18 March 2003, defendant's counsel informed defendant that in her opinion there was no error in defendant's trial and that defendant could file his own arguments in this Court if he so desired. Copies of the transcript, record, the brief filed by counsel, and the State's brief were sent to defendant. Defendant has filed no arguments in this Court and a reasonable time for him to do so has passed.
    We hold that defendant's counsel has fully complied with the holdings in 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). Pursuant to Anders and Kinch, we must determine from a full examination of all the proceedings whether the appeal is wholly frivolous. Upon review ofthe entire record and of the assignments of error noted in the record, we find the appeal to be wholly frivolous.
    No error.
    Judges HUDSON and GEER concur.
    Report per Rule 30(e).

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