STATE OF NORTH CAROLINA
v. Cumberland County
No. 02 CRS 060679
PATRICK RICARDO SMITH
Attorney General Roy Cooper, by Assistant Attorney General
John G. Barnwell, for the State.
Linda B. Weisel, for defendant-appellant.
STEELMAN, Judge.
Defendant pled guilty on 14 October 2004 to common law
robbery. The plea agreement provided for imposition of a sentence
of 17-21 months to run concurrently with a sentence defendant was
then serving. Defendant was sentenced in accordance with the plea
agreement. On 21 October 2004 defendant, pro se, filed a
handwritten Motion for Notice of Appeal. The trial court treated
the document as a notice of appeal and appointed counsel to
represent him on appeal.
Counsel has filed a brief pursuant to 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). Counsel states that [a]fter repeated and closeexamination of the record and review of relevant law, counsel is
unable to identify an issue with sufficient merit to support a
meaningful argument for relief on appeal. She requests this Court
to conduct a full examination of the record on appeal for possible
error to determine whether any justiciable issue has been
overlooked by counsel. Counsel has attached to the brief a letter
she wrote to defendant advising him of her inability to find error
and of his right to file his own written arguments. Defendant has
not filed any written arguments.
A defendant who pleads guilty is limited to an appeal of the
matters set forth in N.C. Gen. Stat. §
15A-1444. State v.
Jamerson, 161 N.C. App. 527, 528-29, 588 S.E.2d 545, 546-47 (2003).
After carefully reviewing the record, we are unable to find
anything to support a meaningful argument of an appealable issue.
Defendant's sentence is in the presumptive range; the prior record
level, sentence disposition and sentence duration are correct and
authorized by law; and no order denying a motion to suppress or
allowing defendant withdraw his guilty plea appears in the record.
The appeal is dismissed.
DISMISSED.
Chief Judge MARTIN and Judge HUNTER concur.
Report per Rule 30(e).
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