STATE OF NORTH CAROLINA
Cumberland County
v. No. 01 CRS 56962
DEMETRIS RASHON PETERSON
Attorney General Roy Cooper, by Assistant Attorney General
Gaines M. Weaver, for the State.
Jarvis John Edgerton, IV, for defendant-appellant.
CALABRIA, Judge.
Demetris Rashon Peterson (“defendant”) appeals from a judgment
entered pursuant to a plea agreement whereby defendant pled guilty
to breaking or entering, larceny, possession of stolen goods,
conspiracy, and possession of weapons of mass destruction. We find
no error.
On 1 April 2002, defendant entered into a plea agreement with
the State. Pursuant to the plea agreement, defendant agreed to
plead guilty to charges of breaking or entering, larceny, possession
of stolen goods and conspiracy to commit a felony. Further, upon
defendant's completion of certain conditions, the charge of
possession of weapons of mass destruction would be dismissed. Judgment was continued in order to permit defendant to provide
substantial assistance to law enforcement regarding several
investigations
. Subsequently, however, the 1 April 2002 plea
agreement failed.
On 6 February 2003, defendant pled guilty pursuant to a new
plea agreement to breaking or entering, larceny, possession of
stolen goods, conspiracy and possession of weapons of mass
destruction. The trial court consolidated the charges for judgment
and sentenced defendant to a minimum of nineteen months to a maximum
of twenty-three months imprisonment in the North Carolina Department
of Correction. The trial court suspended the sentence and placed
defendant on supervised probation for thirty-six months. The
conditions of probation
included, inter alia, not using or
possessing any illegal drugs or controlled substances and supplying
a urine or blood specimen for analysis for the presence of
prohibited substances.
On 11 August 2004, Kathy C. Blackmon (“Blackmon”), defendants'
probation officer, filed a probation violation report alleging
defendant: (1) tested positive for cocaine and marijuana on 13 March
2004; (2) failed to complete 50 hours of community service; (3)
failed to consistently report to his probation officer on a weekly
basis; (4) violated court ordered curfews on numerous occasions; (5)
failed to maintain several monetary obligations with the Clerk of
Cumberland County Superior Court; (6) failed to obtain suitable
employment; and (7) failed to comply with and thus was terminated
from TASC.
The trial court held a probation violation hearing on 14
November 2005. Defendant denied violating the conditions of his
probation. Blackmon testified regarding defendant's multiple
violations of his probation. Defendant did not testify. The trial
court determined defendant willfully violated the conditions of his
probation. The trial court revoked defendant's probation and
sentenced defendant to a minimum of seventeen months to a maximum
of twenty-one months imprisonment in the North Carolina Department
of Correction.
Defendant appeals.
Defendant's counsel failed to identify any meritorious issue
on appeal and asks this Court to 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, 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
the documents necessary for him to do so. Defendant has not filed
any written arguments on his own behalf with this Court. In
accordance with Anders, we have fully examined the record and have
not found any possible prejudicial error.
Affirmed.
Chief Judge MARTIN and Judge JACKSON concur.
Report per Rule 30(e).
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