STATE OF NORTH CAROLINA
v. Pender County
No. 03 CRS 50336
JAMES ALPHONSO MACK
Attorney General Roy Cooper, by Assistant Attorney General
Kathleen U. Baldwin, for the State.
John T. Hall for defendant-appellant.
TIMMONS-GOODSON, Judge.
Defendant entered a guilty plea to one count of trafficking in
at least twenty-eight grams but less than 200 grams of cocaine by
possession, and was sentenced under N.C. Gen. Stat. § 90-
95(h)(3)(a) (2003) to an active prison term of thirty-five to
forty-two months. He filed timely notice of appeal from the
judgment.
Counsel appointed to represent defendant on appeal has been
unable to identify any issue with sufficient merit to support a
meaningful argument for relief. He asks this Court to conduct its
own review of the record for possible prejudicial error. Counsel
has shown to the satisfaction of this Court that he has compliedwith 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 his right to file written arguments with this Court
and providing him with the necessary documents. Although
defendant has filed pro se arguments with this Court, the issues
raised by defendant fall outside his limited right of appeal from
a guilty plea under N.C. Gen. Stat. § 15A-1444(a1), (a2) and (e)
(2003). Accordingly, we dismiss defendant's pro se claims without
prejudice to his right to file a motion for appropriate relief in
the trial court.
As mandated by 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.
No error.
Judges CALABRIA and LEVINSON concur.
Report per Rule 30(e).
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