STATE OF NORTH CAROLINA
v. Nos. 02CRS 50278
LEE EDWARD NETTLES
Attorney General Roy A. Cooper, III, by Assistant Attorney
General Angel E. Gray, for the State.
J. Clark Fischer for defendant-appellant.
On 29 October 2003, defendant was convicted of possession with
intent to manufacture, sell, or deliver cocaine. Defendant
admitted his status as an habitual felon and was sentenced as a
Class C, Level III felon to a term of 93 to 121 months
imprisonment. On appeal in State v. Nettles, 170 N.C. App. 100,
108, 612 S.E.2d 172, 177, disc. review denied, 359 N.C. 640, 617
S.E.2d 286 (2005), this Court held that there was insufficient
evidence of defendant's intent to sell or deliver cocaine. Thus,
the Court ordered that defendant's conviction be reversed for
possession with intent to sell or distribute cocaine and the matter
remanded for resentencing on the lesser included felony offense of
possession of cocaine. Id. at 108, 612 S.E.2d at 177. Defendant'sconviction as an habitual felon was affirmed. Id. at 109, 612
S.E.2d at 178. On remand, the trial court entered judgment in
accordance with this Court's instructions. Defendant was
resentenced as a Class C, Level III to a term of 93 to 121 months
imprisonment. 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 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 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.
Judges WYNN and McGEE concur.
Report per Rule 30(e).
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