An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Procedure.
NORTH CAROLINA COURT OF APPEALS
Filed: 19 July 2005
STATE OF NORTH CAROLINA
v. Carteret County
No. 04 CRS 50247
ANGEL LUIS PEREZ, JR.,
Appeal by defendant from judgment dated 6 April 2004 by Judge
Jack W. Jenkins in Carteret County Superior Court. Heard in the
Court of Appeals 13 June 2005.
Attorney General Roy Cooper, by Assistant Attorney General
Lorrin Freeman, for the State
Terry W. Alford for defendant.
Angel Luis Perez, Jr. (defendant) appeals his judgment dated
6 April 2004, entered consistent with his guilty plea for failure
to register as a sexual offender.
On 2 February 2004, defendant was indicted for failure to
register as a sexual offender. This matter came before the 5 April
2004 criminal session of Carteret County Superior Court with the
Honorable Jack W. Jenkins presiding. On 6 April 2004,
pled guilty to the charge of failing to register as a sex offender
and was sentenced to a term of 21 - 26 months imprisonment
sentence was suspended and defendant was placed on supervised
probation for 36 months.
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 he has
complied with the requirements of Anders v. California
, 386 U.S.
738, 18 L. Ed. 2d 493 (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. On 25 January 2005,
defendant filed written arguments with this Court.
defendant fails to make any cogent arguments in his brief.
Furthermore, we note defendant is not entitled to review of
his conviction since he pled guilty. N.C. Gen. Stat. §
(2003). Defendant is also not entitled to review of his sentence
since he was sentenced in the presumptive range. N.C. Gen. Stat.
15A-1444(a1) (2003). Thus, defendant's right to appellate review
is limited to a review of whether the sentence imposed resulted
from an incorrect calculation of defendant's prior record level.
N.C. Gen. Stat. §
However, defendant does not
seek review of his pri
or record level calculation.
(See footnote 1)
In addition to defendant's brief and supplemental filing,this Court has reviewed the record for other possible prejudicial
error and has found none.
Judges ELMORE and GEER concur.
Report per Rule 30(e).
In a separate filing dated 18 May 2005 defendant appears to
argue his sentence was in error because New York, not North
Carolina, law should govern his sentence such that under New York
law he would receive a one year sentence instead of the 21 to 26
month term imposed by the court. This argument is without merit.
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