STATE OF NORTH CAROLINA
v. Gaston County
Nos. 00 CRS 66238
CHERYL A. HARGETT, 00 CRS 66242
Defendant.
Attorney General Roy Cooper, by Assistant Attorney General
Christopher W. Brooks, for the State.
Haakon Thorsen, for defendant-appellant.
HUDSON, Judge.
In Gaston County Superior Court on 26 February 2002, defendant
Cheryl A. Hargett pled guilty to assault with a deadly weapon on a
government official and fleeing to elude arrest. The trial judge
sentenced defendant to 19-23 months imprisonment, which he
suspended, and placed defendant on supervised probation for 36
months.
On or about 21 May 2004, defendant's probation officer filed
a report, alleging that defendant had violated certain terms and
conditions of her probation. This matter was subsequently heard by
Judge Timothy Patti during the 6 July 2004 criminal session of the
Superior Court in Gaston County. At the outset of the hearing,defendant, through counsel, waived the formal reading of the
violation report and admitted the violation. After hearing further
from defendant's probation officer, the trial court found and
concluded that defendant had willfully and without lawful excuse
violated the terms and conditions of her probation, as alleged in
the violation report. The trial court, therefore, revoked
defendant's probation and activated her suspended sentence.
Defendant appeals.
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, 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 her right to file written
arguments with this Court and providing her with the documents
necessary for her to do so.
Defendant has filed no written arguments on her own behalf
with this Court, and a reasonable time in which she could have done
so has passed. In accordance with Anders, we have fully examined
the record to determine whether any issues of arguable merit appear
therefrom and found none. Accordingly, the judgment of the trial
court is affirmed.
Affirmed.
Judges MCGEE and LEVINSON concur.
Report per Rule 30(e).
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