An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA04-1219


Filed: 3 May 2005


         v.                        Buncombe County
                                Nos. 03CRS60869,
CHRISTOPHER ERIC MILLER                    61665-66, 61874-78,
                                    62042-45, 62894-96,

    Appeal by defendant from judgment entered 7 January 2004 by Judge E. Penn Dameron in Buncombe County Superior Court. Heard in the Court of Appeals 25 April 2005.

    Attorney General Roy Cooper, by Assistant Attorney General Jill F. Cramer, for the State.

    Leslie C. Rawls for defendant-appellant.

    ELMORE, Judge.

     Defendant Christopher Eric Miller pled guilty to 13 counts of obtaining property by false pretenses, two counts of felony larceny, two counts of felony breaking and entering, and two counts of larceny after breaking and entering. Defendant also admitted to having obtained the status of habitual felon. Pursuant to his plea agreement, all of the offenses were consolidated into one judgment and defendant was sentenced as an habitual felon to 90 to 117 months imprisonment. Defendant appeals.
    Counsel appointed to represent defendant has filed an Anders brief in which she lists two potential arguments, but concedes thatthese issues lack sufficient merit to support a meaningful argument for relief on appeal. She asks then that this Court conduct its own review of the record for possible prejudicial error. Counsel has also submitted documentation to the Court showing 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 filed written arguments on his own behalf with this Court. After examination thereof, we find that defendant's argument regarding errors in sentencing to be unpersuasive. Defendant's ineffective assistance of counsel claim is not properly before the Court inasmuch as the scope of this appeal is limited by N.C. Gen. Stat. § 15A-1444. That claim is dismissed without prejudice to defendant's right to file a motion for appropriate relief in the superior court, pursuant to N.C. Gen. Stat. § 15A- 1420.
    In sum, we have fully examined the record to determine whether any issues of arguable merit appear therefrom or whether the appeal is wholly frivolous. We conclude that the record reveals no prejudicial error and that the appeal is wholly frivolous.
     No error.
    Judges BRYANT and GEER concur.
    Report per Rule 30(e).

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