STATE OF NORTH CAROLINA
v. Lenoir County
No. 03 CRS 4480
FRED STRICKLAND
Attorney General Roy Cooper, by Special Deputy Attorney
General Ted R. Williams, for the State.
Terry F. Rose for defendant-appellant.
MARTIN, Chief Judge.
Defendant was convicted of assault inflicting serious injury
and sentenced to a term of twenty-one to twenty-six months
imprisonment, which was suspended and defendant was placed on
supervised probation for thirty-six months.
Approximately thirteen months later, a probation violation
report was filed alleging that defendant: (1) failed to complete
any community service; (2) failed to report to his probation
officer on five dates; (3) was in arrears on his monetary
obligation; (4) failed to pay his probation supervision fee; and
(5) failed to seek psychiatric counseling and treatment.
A violation hearing was conducted on 19 November 2003, atwhich defendant denied violating three of the terms of his
probation, but admitted to violating two of the conditions.
Defendant testified and claimed that transportation problems, as
well as physical and psychological problems, prevented him from
complying with the terms of his probation. During the hearing, the
State questioned defendant's capacity to proceed, and the trial
court ordered that defendant be committed to Dorothea Dix Hospital
for examination. After an evaluation, defendant was found capable
of proceeding to trial.
Defendant's probation revocation hearing resumed on 22 January
2004. The trial court found that defendant willfully violated the
conditions of his probation as alleged in the violation report.
The trial court revoked defendant's probation and activated his
suspended sentence. Defendant appeals.
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 that this Court conduct its
own review of the record for possible prejudicial error. Counsel
has also shown to the satisfaction of this Court that she 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 his right to file written
arguments with this Court and providing him with the documents
necessary for him to do so.
Defendant has not filed any written arguments on his ownbehalf with this Court and a reasonable time in which he 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. We have been unable to find any possible
prejudicial error and conclude that the appeal is wholly frivolous.
No error.
Judges McCULLOUGH and CALABRIA concur.
Report per Rule 30(e).
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