STATE OF NORTH CAROLINA
v. Wake County
Nos. 00 CRS 33483-85
RODERICK DEMETRIUS KILGORE 00 CRS 38408,
02 CRS 24699
02 CRS 83311
Attorney General Roy Cooper, by Assistant Attorney General
John G. Barnwell, for the State.
Jarvis John Edgerton, IV, for defendant appellant.
McCULLOUGH, Judge.
Defendant pled guilty to two counts of common law robbery, two
counts of robbery with a dangerous weapon, and one count each of
malicious conduct by a prisoner and habitual felon status. The
court consolidated the offenses and sentenced defendant within the
mitigated range to an active term of a minimum of 110 months and a
maximum of 141 months.
Stating he has been unable to find possible prejudicial error
to support an appeal, defendant's counsel has filed a brief
pursuant to 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). Counsel has attached tothe brief a copy of a letter that he wrote to defendant advising
defendant of his inability to find error and of defendant's right
to file his own written arguments. Counsel provided defendant with
a copy of the record on appeal and the transcript. Defendant has
not filed his own written arguments.
When a defendant pleads guilty, he limits his right of appeal
to 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 disposition 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 the defendant's motion to suppress; and (6)
whether the trial court improperly denied the defendant's motion to
withdraw his guilty plea. State v. Jamerson, 161 N.C. App. 527,
528-29, 588 S.E.2d 545, 546-47 (2003).
Counsel has noted three possible errors in the brief he filed
on defendant's behalf: (1) the judgment incorrectly states that
defendant has eighteen prior record level points when the parties
stipulated that he has sixteen points; (2) the judgment fails to
contain a finding that the mitigating factors outweighed the
aggravating factors; and (3) a variance exists between the name ofthe victim stated by the prosecutor in summarizing the factual
basis for an offense and the name stated in the indictment charging
that particular offense. Of those three issues, only the first is
within the scope of defendant's right of appeal. Counsel concedes
that the error was not prejudicial because the prior record level
remains the same regardless of whether defendant has sixteen or
eighteen points.
After carefully reviewing the record for other possible errors
within defendant's right of appeal, we are unable to find possible
prejudicial error to support a meaningful appeal. In accordance
with Anders, we dismiss the appeal.
Dismissed.
Chief Judge MARTIN and Judge CALABRIA concur.
Report per Rule 30(e).
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