NO. COA04-798
Appeal by defendant from judgments entered 12 February 2004 by
Judge Forrest D. Bridges in Mecklenburg County Superior Court.
Heard in the Court of Appeals 3 January 2005.
Attorney General Roy Cooper, by Assistant Attorney General
Gaines M. Weaver, for the State.
Paul F. Herzog for defendant-appellant.
ELMORE, Judge.
Defendant Steve Morrison was charged with three counts of
trafficking in drugs, two counts of possession with intent to sell
or deliver a controlled substance, two counts of delivery of a
controlled substance, two counts of sale of a controlled substance,
and attaining the status of habitual felon. A jury found defendant
guilty as charged. At sentencing, the trial court arrested
judgment in the two delivery convictions and one trafficking
conviction, and consolidated the remaining convictions into three
judgments. The trial court sentenced defendant as a class C felon
to three consecutive sentences of 100 to 129 months, 90 to 117months and 90 to 117 months imprisonment. Defendant appeals.
Defendant's counsel states that [a]fter repeated and close
examination of the record and review of relevant law, counsel is
unable to identify an issue with sufficient merit to support a
meaningful argument for relief on appeal and asks this Court to
review 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,
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 documents
necessary for him to do so. Defendant has not filed any written
arguments on his own behalf with this Court, and a reasonable time
in which he could have done so has passed.
In accordance with
Anders, we must fully examine the record to
determine whether any issues of arguable merit appear therefrom or
whether the appeal is wholly frivolous. We conclude the appeal is
wholly frivolous. In reaching this conclusion, we have conducted
our own examination of the record for possible prejudicial error
and have found none.
We hold defendant had a fair trial, free from prejudicial
error.
No error.
Judges HUNTER and STEELMAN concur.
Report per Rule 30(e).
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