An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA03-437
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Filed: 6 January 2004


         v.                        Durham County
                                No. 01 CRS 50906

    Appeal by defendant from judgment entered 7 January 2003 by Judge Kenneth C. Titus in Durham County Superior Court. Heard in the Court of Appeals 22 December 2003.

    Attorney General Roy Cooper, by Assistant Attorney General Bertha L. Fields, for the State.

    Sue Genrich Berry for defendant-appellant.

    LEVINSON, Judge.

    Defendant was convicted on 10 December 2001 of possession of a firearm by a convicted felon. He was sentenced to a minimum term of thirteen months and a maximum term of sixteen months. This sentence was suspended and defendant was placed on supervised probation for twenty-four months. After defendant was found to have willfully violated terms and conditions of probation, he was placed on intensive probation for six months on 7 May 2002. A violation report was issued on 25 November 2002 alleging that defendant had again willfully violated terms and conditions of probation. A hearing was held on 7 January 2003 during which defendant admitted that he had willfully violated the terms and conditions of probation. The court revoked probation and activatedthe sentence. From this judgment defendant appeals.
    Defendant's counsel has filed a brief pursuant to 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). She requests this Court review the record for possible prejudicial error overlooked by counsel. Counsel has attached to the brief a letter she wrote advising defendant in accordance with these decisions. To assist defendant with preparation of his own written arguments, counsel provided defendant with copies of the transcript, record on appeal and brief filed on defendant's behalf by counsel. Defendant has not filed his own written arguments.
    We have reviewed the record on appeal and briefs. We are unable to find any prejudicial error.
    No error.
    Chief Judge EAGLES and Judge BRYANT concur.
    Report per Rule 30(e).

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