STATE OF NORTH CAROLINA
v. Forsyth County
No. 04 CRS 55492
04 CRS 15563
Attorney General Roy Cooper, by Assistant Attorney General V.
Lori Fuller, for the State.
Jarvis John Edgerton, IV, for defendant.
Defendant Anderson Glenn was charged with possession of
cocaine with intent to sell or deliver and with habitual felon
status. He was found guilty of possession of cocaine. After the
jury returned its verdict, defendant pled guilty to habitual felon
status. The trial court sentenced defendant within the presumptive
range to a minimum term of 107 months and a maximum term of 138
The State presented evidence tending to show that on 4 May 2004, officers of the Winston-Salem Police Department were dispatched to a residence to investigate a complaint of trespassing. The person who answered the door permitted the officers to come inside the residence. The officers observeddefendant sitting on a couch. After discovering an outstanding arrest warrant had been issued for defendant, the officers arrested him. During a search incident to the arrest, an officer found pieces of a substance subsequently identified as crack cocaine, total weight of 0.8 gram, and ninety dollars in cash in defendant's pocket. Defendant did not present any evidence.
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, reh'g denied, 388 U.S. 924, 18 L. Ed. 2d 1377 (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 documents necessary for him to do so. Defendant has not filed any written arguments on his own behalf with this Court, and a reasonable time in which he could have done so has passed.
In accordance with Anders, we must fully examine the record to determine whether any issues of arguable merit appear therefrom or whether the appeal is wholly frivolous. We conclude the appeal is wholly frivolous. In reaching this conclusion, we have conducted our own examination of the record for possible prejudicial error and have found none.
Chief Judge MARTIN and GEER concur.
Report per Rule 30(e).
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