STATE OF NORTH CAROLINA
v. Wilson County
No. 03 CRS 8258
KENNETH WAYNE WILLIAMS
Attorney General Roy A. Cooper, III, by Assistant Attorney
General Scott T. Stroud, for the State.
Appellate Defender Staples S. Hughes, by Assistant Appellate
Defender Matthew D. Wunsche, for defendant-appellant.
JACKSON, Judge.
Kenneth Wayne Williams (defendant) entered a no contest plea
to the charge of failing to provide written notice of his intention
to cease paying the premiums of a group health insurance policy, a
Class H felony pursuant to North Carolina General Statutes, section
58-50-40(b)(2), (c) (2004). Upon finding that defendant had no
record points and a prior record level I, the trial court sentenced
him to a suspended term of six to eight months imprisonment and
placed him on supervised probation for thirty-six months.
Defendant filed timely notice of appeal.
Counsel appointed to represent defendant has been unable to
identify any issue with sufficient merit to support a meaningfulargument 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.
Having entered a no contest plea, defendant's right of appeal was
limited to the sentencing issues set forth in North Carolina
General Statutes, section 15A-1444(a1), (a2) (2004). Because he
was sentenced within the applicable presumptive range for his class
of offense and the lowest possible prior record level, 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.
Dismissed.
Judges WYNN and CALABRIA concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***