An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA03-1540

NORTH CAROLINA COURT OF APPEALS

Filed: 20 July 2004

STATE OF NORTH CAROLINA

         v.                        Wake County
                                Nos. 00 CRS 101694-95
DEVON LYNN GULLEY,                        00 CRS 101700
        Defendant.                    00 CRS 101714-16
                                    03 CRS 14076-79

    Appeal by defendant from judgments entered 6 May 2003 by Judge James C. Spencer, Jr. in the Superior Court in Wake County. Heard in the Court of Appeals 7 June 2004.

    Attorney General Roy Cooper, by Assistant Attorney General Joseph Finarelli, for the State.

    Moshera H. Mohamed, for defendant-appellant.

    HUDSON, Judge.

    Defendant pled guilty to 31 counts of robbery with a dangerous weapon and 14 counts of second degree kidnapping. The plea agreement provided that the cases be consolidated so that defendant would receive five “class D, Level III judgments, the length & number of sentences . . . in the discretion of the court.” The court imposed five separate sentences of 90 to 117 months, all sentences to run consecutively. We dismiss the appeal.
    Defendant contends as his sole assignment of error that the court “abused its discretion when it placed the Defendant at a level 3 for sentencing and sentenced him to a minimum of 90 months and a maximum of 117 months.” He argues in his brief that thecourt erred by failing to find factors in mitigation.
    When a defendant pleads guilty or no contest, he has a appeal of right only on the following issues:
        (1) whether the sentence is supported by the evidence but only if the minimum term of imprisonment does not fall within the presumptive range; (2) whether the sentence results from an incorrect finding of the defendant's prior record level or the defendant's prior conviction level; (3) whether the sentence contains a type of sentence that is not authorized for the defendant's class of offense and prior record or conviction level; (4) whether the sentence contains a term of imprisonment that is for a duration not authorized for the defendant's class of offense and prior record or conviction level; (5) whether the trial court improperly denied defendant's motion to suppress; and (6) whether the trial court improperly denied defendant's motion to withdraw his guilty plea.

State v. Jamerson, N.C. App. , 588 S.E.2d 545, 546-47 (2003) (internal statutory citations omitted). None of the foregoing issues are presented by defendant's assignment of error. Defendant's minimum sentence of 90 months is within the presumptive range for a Class D, Level III offense. N.C. Gen. Stat. § 15A- 1340.17(c) (2003). Thus he has no right to appeal the issue of whether the sentence is supported by the evidence. Because defendant has presented no other appealable issue for our consideration, we dismiss this appeal. Jamerson, N.C. App. at , 588 S.E.2d at 547.
    Dismissed.
    Judges STEELMAN and THORNBURG concur.
    Report per Rule 30(e).

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