STATE OF NORTH CAROLINA
v. Rowan County
No. 03 CRS 53540
ALONZO LUIS MIRAFUENTES
Attorney General Roy Cooper, by Special Deputy Attorney
General Thomas J. Pitman, for the State.
Appellate Defender Staples S. Hughes, by Assistant Appellate
Defender Kelly D. Miller, for defendant-appellant.
CALABRIA, Judge.
Alonzo Luis Mirafuentes (“defendant”) pled guilty to seven
narcotics offenses, including two counts of trafficking in at least
400 grams of cocaine. Pursuant to his written plea agreement, the
trial court consolidated defendant's offenses for one judgment and
sentenced him to the statutorily mandated term of a minimum of 179
months to a maximum of 219 months in the custody of the North
Carolina Department of Correction. Defendant appeals.
Defendant's appointed appellate counsel was unable to identify
any issue with sufficient merit to support a meaningful argument
for relief on appeal. Defendant's counsel asks this Court to
conduct its own review of the record for possible prejudicialerror. Counsel has 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 (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 the
necessary documents to do so. Defendant has not filed any written
arguments and a reasonable time for him to have done so has passed.
As provided by Anders and Kinch, supra, we have fully examined
the record and determined the defendant has no issue of arguable
merit. Defendant entered a guilty plea and received a single,
statutorily-prescribed sentence unaffected by his prior record
level calculation. Thus, the terms of his plea agreement greatly
restricted his already limited appeal as of right pursuant to N.C.
Gen. Stat. § 15A-1444(a1), (a2) (2004). Accordingly, we dismiss
defendant's appeal.
Dismissed.
Judges WYNN and JACKSON concur.
Report per Rule 30(e).
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