v. Columbus County
No. 04 CRS 51726
STANLEY DWAYNE CUMMINGS
Attorney General Roy Cooper, by Assistant Attorney General
Daniel P. O'Brien, for the State.
Jon W. Myers for defendant.
BRYANT, Judge.
Defendant Stanley Dwayne Cummings pled guilty pursuant to a
plea agreement to trafficking in cocaine by possession. As part of
defendant's plea agreement, he reserved the right to appeal the
trial court's denial of his motion to suppress. The trial court
sentenced defendant
to thirty-five to forty-two months
imprisonment.
Defendant appeals from the denial of his motion to
suppress.
Defendant's counsel states that “[a]fter repeated and close
examination of the record, extensive review of the law,” he is
“unable to identify appellate issues supported by law or good faith
argument”
and asks this Court to
review 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, 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.
We affirm the trial court's denial of defendant's motion to
suppress.
Affirmed.
Chief Judge MARTIN and Judge GEER concur.
Report per Rule 30(e).
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