An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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

NO. COA05-1110


Filed: 21 March 2006


         v.                        Rowan County
                                Nos. 04 CRS 051805-06
DAVID LEE ROBERTSON                    

    Appeal by defendant from judgment entered 28 April 2005 by Judge Mark E. Klass in Rowan County Superior Court. Heard in the Court of Appeals 27 February 2006.

    Attorney General Roy Cooper, by Assistant Attorney General Kathleen U. Baldwin, for the State.

    William B. Gibson for defendant-appellant.

    BRYANT, Judge.

    On 28 April 2005, defendant David Lee Robertson pled guilty pursuant to a plea agreement to taking indecent liberties with a child and felony dissemination of obscenity. Defendant's convictions were consolidated for judgment, he was given a suspended sentence of nineteen to twenty-three months imprisonment, and defendant was placed on supervised probation for sixty months. Defendant appeals.
    Counsel appointed to represent defendant has been unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal and asks that this Court conduct its own review of the record for possible prejudicial error. Counsel has also shown to the satisfaction of this Court that he hascomplied 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 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 have fully examined the record to determine whether any issues of arguable merit appear therefrom. We have been unable to find any possible prejudicial error and conclude that the appeal is wholly frivolous.
    No error.
    Chief Judge MARTIN and Judge GEER concur.
    Report per Rule 30(e).

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