STATE OF NORTH CAROLINA
v. Craven County
Attorney General Roy A. Cooper, III, by Assistant Attorney
General Thomas H. Moore, for the State.
Adrian M. Lapas for defendant-appellant.
A jury found defendant guilty of malicious conduct by a
prisoner, upon evidence that he spat upon the face of Edward James
Foulks, a correctional officer with the North Carolina Department
of Correction, while incarcerated in the Segregation Unit at Craven
Correctional Institution on 24 October 2004. The trial court
sentenced defendant to an active prison term of twenty-one to
twenty-six months. Defendant gave notice of appeal in open court.
Counsel appointed to represent defendant has been unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal. He asks that this Court conduct its own review of the record for possible prejudicial error. Counselhas 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 (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 to do so. Defendant has not filed any written arguments, and a reasonable time for him to 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.
Judges WYNN and McGEE concur.
Report per Rule 30(e).
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