An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA05-375


Filed: 17 January 2006


         v.                        Wilson County
                                No.    03 CRS 8258

    Appeal by defendant from judgment entered 20 September 2004 by Judge Milton F. Fitch, Jr. in Wilson County Superior Court. Heard in the Court of Appeals 27 December 2005.

    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.
    Judges WYNN and CALABRIA concur.
    Report per Rule 30(e).

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