An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA05-280


Filed: 17 January 2006


         v.                        Buncombe County
                                Nos.    03 CRS 64206, 64209,
JIMMY LEE MILLER                        64211, 64586-87;
                                    04 CRS 4056, 7099,
                                    7101-06, 52136

    Appeal by defendant from judgment entered 27 July 2004 by Judge James U. Downs in Buncombe County Superior Court. Heard in the Court of Appeals 27 December 2005.

    Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Melissa L. Trippe, for the State.

    Appellate Defender Staples S. Hughes, by Assistant Appellate Defender Matthew D. Wunsche, for defendant-appellant.

    JACKSON, Judge.

    Jimmy Lee Miller (“defendant”) pled guilty to six counts of forgery of an instrument, six counts of uttering a forged instrument, two counts of assault with a deadly weapon, two counts of habitual felon status, and individual counts of intimidating a witness, communicating threats, assault inflicting serious injury, domestic criminal trespass, and possession of stolen property. He also stipulated to fifteen prior record points and a Prior Record Level V. As provided by defendant's plea agreement with the State, the trial court consolidated his offenses for judgment and sentenced him as an habitual felon to a mitigated term of ninety to117 months imprisonment. Defendant filed timely notice of appeal.
    Counsel appointed to represent defendant has been unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal. He asks this Court to conduct its own review of 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 (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 documents necessary 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, we have fully examined the record to determine whether any issues of arguable merit appear therein. In light of his guilty plea, defendant's appeal of right was limited to the sentencing issues set forth in North Carolina General Statutes, sections 15A-1444(a1) and (a2) (2004). Having stipulated to his prior record level and agreed to the exact mitigated sentence he received under his plea, we conclude defendant “had no right to appeal in this case.” State v. Hamby, 129 N.C. App. 366, 370, 499 S.E.2d 195, 197 (1998). Accordingly, we dismiss the appeal. Id.
    Judges WYNN and CALABRIA concur.
    Report per Rule 30(e).

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