An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA04-388
NORTH CAROLINA COURT OF APPEALS
Filed: 5 October 2004
STATE OF NORTH CAROLINA
v. Mecklenburg County
No. 00 CRS 21058
EURIKA MUNGO
Appeal by defendant from judgment entered 3 December 2003 by
Judge David S. Cayer in Mecklenburg County Superior Court. Heard
in the Court of Appeals 4 October 2004.
Attorney General Roy Cooper, by Special Deputy Attorney
General Lars F. Nance, for the State.
Appellate Defender Staples Hughes, for defendant-appellant.
TYSON, Judge.
Eurika Mungo (defendant) appeals from the judgment revoking
her probation and activating her suspended sentence. We affirm.
I. Background
Counsel appointed to represent defendant has been unable to
identify any issue with sufficient merit to support a meaningful
argument for relief on appeal, and asks this Court to conduct its
own review of the record for possible prejudicial error. Counsel
has also 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, 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), by advising defendant of her right to file writtenarguments with this Court and providing her with the documents
necessary for her to do so. Defense counsel's brief contains a
letter dated 5 May 2004 transmitting to defendant the record on
appeal and transcript and advising her to submit the arguments
themselves as quickly as possible.
Defendant has not filed any written arguments on her own
behalf with this Court. A reasonable time in which she could 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 or whether the appeal is wholly frivolous.
We have examined the record for possible prejudicial error and
found none.
II. Conclusion
We conclude that the appeal is wholly frivolous. The judgment
of the trial court is affirmed.
Affirmed.
Judges WYNN and GEER concur.
Report per Rule 30(e).
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