STATE OF NORTH CAROLINA
v. Rowan County
Nos. 02 CRS 8888, 53424,
JASON BRIAN SIMMONS 02 CRS 55616, 55729,
03 CRS 8069, 54928,
03 CRS 59686, 59857,
03 CRS 59860, 04CRS6
Attorney General Roy Cooper, by Assistant Attorney General
Kathleen U. Baldwin, for the State.
K.E. Krispen Culbertson for defendant appellant.
McCULLOUGH, Judge.
Petitioner entered pleas of guilty to first-degree burglary,
possession of marijuana, felonious breaking and entering,
possession of stolen goods, possession of a stolen firearm, two
counts of felonious larceny and two counts of possession of a
firearm by a felon, and habitual felon status. As provided in his
plea agreement, the trial court consolidated defendant's offenses
for judgment and sentenced him to a single presumptive term of 133
to 169 months' imprisonment.
Counsel appointed to represent defendant on appeal has been
unable to identify any issue with sufficient merit to support ameaningful 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 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 necessary documents. Defendant has
filed no pro se arguments, and a reasonable time for him to have
done so has passed.
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.
Affirmed.
Chief Judge MARTIN and Judge CALABRIA concur.
Report per Rule 30(e).
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