An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA03-596

NORTH CAROLINA COURT OF APPEALS

Filed: 18 May 2004

STATE OF NORTH CAROLINA

         v.                        Chatham County
                                No. 02 CRS 5263
KENNETH MAYNARD ALSTON

    Appeal by defendant from judgment entered 12 December 2002 by Judge Ripley Rand in Chatham County Superior Court. Heard in the Court of Appeals 3 May 2004.

    Attorney General Roy Cooper, by Assistant Attorney General Donald R. Teeter, for the State.

    Ligon and Hinton, by Lemuel W. Hinton, for defendant- appellant.

    CALABRIA, Judge.

    Defendant appeals from a judgment revoking probation and activating a sentence of a minimum term of 29 months and a maximum term of 44 months entered on consolidated convictions of second- degree kidnaping and assault on a female.
    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 requests this Court to review the record for possible prejudicial error overlooked by counsel. Counsel has attached to the brief a letter he 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 onappeal and brief filed on defendant's behalf by counsel. Defendant has not filed his own written arguments.
    After carefully reviewing the record on appeal and briefs, we are unable to find any possible prejudicial error overlooked by counsel.
    No error.
    Judges TIMMONS-GOODSON and ELMORE concur.
    Report per Rule 30(e).

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