STATE OF NORTH CAROLINA
v. Halifax County
No. 01 CRS 52748
TIAWAN I. HOCKADAY 03 CRS 53210
Attorney General Roy Cooper, by Assistant Attorney General
Floyd M. Lewis, for the State.
Appellate Defender Staples S. Hughes, by Assistant Appellate
Defender Kelly D. Miller, for defendant.
LEVINSON, Judge.
On 26 June 2003, Tiawan I. Hockaday (defendant) pled guilty
pursuant to a plea agreement to two counts of uttering a forged
instrument and was sentenced to a consolidated term of five to six
months imprisonment (01 CRS 52748). The sentence was suspended and
defendant was placed on supervised probation for thirty-six months.
On 21 January 2004, defendant pled guilty pursuant to a plea
agreement to possession of a Schedule II controlled substance and
possession of drug paraphernalia and was sentenced to a term of six
to eight months imprisonment (03 CRS 53210). The sentence was
suspended and defendant was placed on supervised probation for
twenty-four months.
On 25 February 2004, in 01 CRS 52748, a probation violationreport was filed alleging that defendant: (1) was in arrears on
her monetary obligation, and (2) failed to report or show proof of
her efforts at securing gainful employment. On 3 May 2004, in 03
CRS 53210, a second probation violation report was filed. In this
report, it was alleged that defendant missed several appointments
at the Day Reporting Center.
The trial court held a hearing on 25 August 2004. Defendant
admitted to violating the conditions of her probation and, through
counsel, stated she was not opposed to revoking the suspended
sentences. Indeed, as defense counsel acknowledged to the trial
court, part of the agreement [with the DA] . . . was that in
serving her sentence that would be revoked, it would take care of
the [assault inflicting serious injury] matter[] that she has in
district court. That's per her agreement. Defendant did not
testify at the hearing. The trial court found that defendant
willfully violated the conditions of her probation as alleged in
the violation reports. The trial court revoked defendant's
probation and activated her suspended sentences. Defendant's
sentences were ordered to run consecutively.
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 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. 2d1377 (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 not filed any 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. We have been unable to find any possible
prejudicial error and conclude that the appeal is wholly frivolous.
Affirmed.
Judges McGEE and HUDSON concur.
Report per Rule 30(e).
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