STATE OF NORTH CAROLINA
v. Lenoir County
No. 04 CRS 50260
GAMALIEL DESHAN MASSENBURG
Attorney General Roy Cooper, by Assistant Attorney General
Brandon L. Truman, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate
Defender Matthew D. Wunsche, for defendant-appellant.
STEELMAN, Judge.
Defendant Gamaliel D. Massenburg was found guilty of
communicating threats in Lenoir County District Court on 19
February 2004. Defendant appealed to superior court for a trial de
novo and a jury convicted defendant of communicating threats. The
trial court sentenced defendant to 45 days in Lenoir County jail,
suspended the sentence, and placed defendant on 18 months
supervised probation.
Defendant appeals.
Defendant's counsel states that [a]fter repeated and close
examination of the record and review of the relevant law, counsel
is unable to identify an
issue with sufficient merit to support a
meaningful argument for relief on appeal and asks this Court to
review 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 documents
necessary for him to do so. Defendant has not filed any written
arguments on his own behalf with this Court, and a reasonable time
in which he could have done so has passed.
In accordance with Anders, we must fully examine the record to
determine whether any issues of arguable merit appear therefrom or
whether the appeal is wholly frivolous. We conclude the appeal is
wholly frivolous. In reaching this conclusion, we have conducted
our own examination of the record for possible prejudicial error
and have found none.
We hold defendant had a fair trial, free from prejudicial
error.
No error.
Chief Judge MARTIN and Judge HUNTER concur.
Report per Rule 30(e).
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