STATE OF NORTH CAROLINA
v. Cumberland County
Nos. 02 CRS 53857
TYNIESSE HARRISON, 03 CRS 13338
Attorney General Roy Cooper, by Assistant Attorney General
Allison Smith Corum, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate Defender Katherine Jane Allen, for defendant-appellant.
The Cumberland County grand jury indicted defendant Tyniesse
Harrison on 22 July 2002 for felony worthless check and on 23 June
2003 for obtaining property by false pretenses. A jury found
defendant guilty of both charges on 15 March 2005. The trial court
consolidated the offenses for judgment and imposed a sentence of
six to eight months imprisonment. After suspending the sentence,
the trial court placed defendant on supervised probation for 36
months. From the trial court's judgment, defendant appeals.
Defendant's counsel brings forward three questions on appeal but presents no arguments in defendant's brief. Counsel states that she "finds no basis to pursue the matters previously assignedas error after reviewing the record and case law" and "requests this Court to review the record for any prejudicial error." By letter dated 1 September 2005, defendant's counsel informed defendant that in her opinion there was no error in defendant's trial and that defendant could file her own arguments in this Court if she so desired. Copies of the transcript, record, and brief filed by counsel were sent to defendant.
We hold that defendant's counsel has substantially complied with the holdings in Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985). Pursuant to Anders and Kinch, we must determine from a full examination of all the proceedings whether the appeal is wholly frivolous. Upon review of the entire record and of the assignments of error noted in the record, we find the appeal to be wholly frivolous.
Chief Judge MARTIN and Judge BRYANT concur.
Report per Rule 30(e).
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