An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Proced ure.

NO. COA05-804


NORTH CAROLINA COURT OF APPEALS

Filed: 15 November 2005

STATE OF NORTH CAROLINA

    v.                        Caldwell County
                            Nos. 04 CRS 5020
JEFFREY SCOTT LUNSFORD                04 CRS 5021
                                04 CRS 5022

    Appeal by defendant from judgments entered 7 April 2005 by Judge Beverly T. Beal in Caldwell County Superior Court. Heard in the Court of Appeals 10 November 2005.

    Attorney General Roy Cooper, by Assistant Attorney General Kathleen U. Baldwin, for the State.

    Haakon Thorsen, for defendant-appellant.

    TYSON, Judge.

    Jeffrey Scott Lunsford (“defendant”) appeals from judgments entered revoking his probation and activating his sentences of 120 days, 120 days, and forty-five days imposed on convictions of simple possession of a Schedule IV controlled substance, driving while license revoked, and misrepresentation to obtain employment security benefits. We affirm judgments in case numbers 04 CRS 5020 and 04 CRS 5021. We remand judgment in case number 04 CRS 5022 for correction of clerical errors.

I. Anders Brief
    Defense counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493 (1967). Counsel states that he has repeatedly and closely examined the record and has beenunable to identify an issue which will support a meaningful argument for relief. He requests this Court to review the record for possible error. Counsel has attached to defendant's brief a copy of a letter he wrote to defendant advising him that he had filed a brief on defendant's behalf, that he had been unable to identify any issue to present on appeal, and that he had requested this Court to review the record for possible prejudicial error. Counsel also advised defendant of his right to file his own written arguments. Defendant has not filed his own written arguments. After carefully reviewing the record on appeal and the transcript, we are unable to find any support for a meaningful appeal. The judgments in case numbers 04 CRS 5020 and 04 CRS 5021 are affirmed.
II. Correction of Clerical Errors
    We concur with defense counsel that the judgment imposed in case number 04 CRS 5022 on the counts of misrepresentation to obtain employment security benefits contains a clerical error in that it incorrectly states the originating county as Alexander instead of Catawba. The same judgment incorrectly identifies the original sentencing judge as Theodore Royster instead of K. Dean Black. These errors do not impact the judgment imposed by the court and are harmless. In order for the court's records to be correct and to avoid any confusion, we remand case number 04 CRS 5022 to the Caldwell County Superior Court for corrections to the judgment.
    Affirm judgments in case numbers 04 CRS 5020 and 04 CRS 5021; Remand for corrections judgment in case number 04 CRS 5022.
    Judges MCCULLOUGH and ELMORE concur.
    Report per Rule 30(e).

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