An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA03-927


Filed: 4 May 2004


         v.                            Guilford County
                                    No.    00CRS102709& nbsp;   

    Appeal by defendant from judgment entered 10 April 2003 by Judge James M. Webb in Guilford County Superior Court. Heard in the Court of Appeals 19 April 2004.

    Attorney General Roy A. Cooper, III, by Assistant Attorney General Floyd M. Lewis, for the State.

    William B. Gibson for defendant-appellant.

    HUNTER, Judge.

    Benjamin Germaine Stevenson (“defendant”) appeals from the judgment revoking his probation and activating his suspended sentence of fourteen to seventeen months' imprisonment, originally imposed on 21 February 2002 upon defendant's guilty plea to one count of taking indecent liberties with a minor. The trial court revoked defendant's probation after he admitted to willfully and without lawful excuse violating the terms of his probation as alleged in three violation reports filed by his probation officer in January, February, and March of 2003.
    Counsel appointed to represent defendant has been unable to identify any issue with sufficient merit to support a meaningfulargument for relief on appeal. Counsel presents two assignments of error in his brief to this Court but shows that neither provides a meritorious ground for appeal. Counsel asks that this Court conduct its own review of the record for possible prejudicial error. Counsel has 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 file written arguments with this Court and providing him with the documents necessary to do so. Defendant has filed no written arguments, and a reasonable time for him to 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 and whether the appeal is wholly frivolous. We conclude the appeal is frivolous. Furthermore, we have examined the record for possible prejudicial errors and have found none.
    Judges WYNN and McCULLOUGH concur.
    Report per Rule 30(e).

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