STATE OF NORTH CAROLINA
v. No. 04CRS016406
HARRY LEE RUSSELL
Attorney General Roy A. Cooper, III, by Assistant Attorney
General John W. Congleton, for the State.
Thomas E. Fulghum for defendant-appellant.
Harry Lee Russell (defendant) was found guilty of possession
of a handgun by a convicted felon and of habitual felon status. He
was sentenced within the presumptive range to a minimum of 100
months and a maximum of 129 months. For the reasons stated herein,
we find no error.
Defendant's counsel has filed a brief pursuant to 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), requesting this Court to review the record for possible prejudicial error. Counsel stated in the brief that he is unable to identify an issue with sufficient merit to support a meaningful argument for relief on appeal. Counsel attached to the brief a copy of a letter hemailed to defendant in which he advised defendant of counsel's inability to find any prejudicial error and of defendant's right to file his own written arguments directly with this Court. Defendant has not filed his own written arguments.
Counsel refers the Court to three possible issues that might arguably support an appeal.
First, he raises the issue of whether the court erred by using one of the prior felony convictions to support both the habitual felon charge and the charge of possession of a firearm by a convicted felon. He acknowledges that in State v. Glasco, 160 N.C. App. 150, 160, 585 S.E.2d 257, 264 (2003), this Court held that it is not a violation of double jeopardy to use the same felony conviction to support both a charge of habitual felon and the offense of possession of a firearm by a convicted felon.
Second, defendant acknowledges the evidence is sufficient to support the convictions. A witness testified that he saw defendant carrying a small handgun in his hand. Other testimony showed that defendant had a prior conviction of felonious sale of cocaine. The testimony of a deputy clerk of superior court established that defendant had three prior felony convictions.
Third, he acknowledges that his sentence, which is within the presumptive range, is correct and comports with N.C. Gen. Stat. § 15A-1340.17 (2005) and N.C. Gen. Stat. § 15A-1340.14 (2005).
We have carefully reviewed the record on appeal. We do not find any possible error to support a meaningful appeal.
Judges WYNN and McGEE concur.
Report per Rule 30(e).
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