STATE OF NORTH CAROLINA
v. Brunswick County
BUD CHELSEY HARRIS 04CRS55830,
Attorney General Roy Cooper, by Assistant Attorney General
Christopher W. Brooks, for the State.
Gilda C. Rodriguez for defendant-appellant.
Defendant Bud Chelsey Harris pled guilty pursuant to a plea
three counts of breaking and entering, three counts of
larceny, three counts of first degree burglary, assault with a
deadly weapon on a government official, assault with a deadly
weapon with intent to kill inflicting serious injury, possession of
cocaine, and possession of drug paraphernalia. According to the
terms of the plea agreement, the State agreed to dismiss a charge
of attempted first degree murder and defendant stipulated that he
was a prior record level VI. The parties agreed to leave
sentencing to the trial court's discretion.
The trial courtconsolidated the three counts of breaking and entering and the
three counts of larceny with the assault with a deadly weapon on a
government official, and sentenced defendant to 39 months to 47
months imprisonment. The trial court sentenced defendant to a
consecutive term of 168 to 211 months for the assault with a deadly
weapon with intent to kill inflicting serious injury. The trial
court consolidated the two counts of first degree burglary, and
sentenced defendant to a consecutive term of imprisonment of 146 to
185 months. The trial court consolidated a charge of first degree
burglary, possession of cocaine and misdemeanor possession of drug
paraphernalia and sentenced defendant to a consecutive term of 146
to 185 months.
Defendant's counsel states that [a]fter close examination of the record and review of relevant law, she is unable to identify an issue with sufficient merit to support a meaningful argument for relief on appeal and asks this Court to review the record for possible prejudicial error. We note that because defendant entered a plea of guilty, defendant's appeal of right is limited under N.C. Gen. Stat. § 15A-1444(e). See State v. Hamby, 129 N.C. App. 366, 369, 499 S.E.2d 195, 196 (1998).
Counsel has shown to the satisfaction of this Court that she 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 documentsnecessary 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 under N.C. Gen. Stat. § 15A-1444(e) and have found none.
Judges McCULLOUGH and HUDSON concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***