STATE OF NORTH CAROLINA
v. Cumberland County
No. 02 CRS 67288
ANTHONY DELANO JONES,
Defendant.
Attorney General Roy Cooper, by Associate Attorney General
Olga Vysotskaya, for the State.
Paul T. Cleavenger for defendant-appellant.
WYNN, Judge.
This appeal arises from the trial court's order finding that
Defendant Anthony Delano Jones willfully violated his probation,
and activating his suspended sentence
of ten to twelve months'
imprisonment.
However, on appeal, Defendant's counsel states that
after careful review of the record, he was unable to identify “an
error in law or procedure which could be argued in good faith under
existing law.” He asks this Court to examine the record for
possible prejudicial error.
We hold that Defendant's counsel has shown to our satisfaction
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 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 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
and have found none.
In sum, we hold Defendant had a fair trial, free from
prejudicial error.
No error.
Judges ELMORE and GEER concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***