STATE OF NORTH CAROLINA
v. Rowan County
No. 05 CRS 55264
CHARLES FRANKLIN HORNE
JACKSON, Judge.
Pursuant to a plea agreement, Charles Franklin Horne
(“defendant”) pled guilty to attempted first-degree murder on 10
July 2006. The trial court determined defendant had thirteen prior
record level points and was a prior record level IV for sentencing
purposes. The trial court sentenced defendant to 251 to 311 months
imprisonment, which is within the presumptive range for a Class Bfelony at a prior record level IV. Defendant appeals from his
guilty plea and sentence imposed.
Defendant's appellate counsel states that he “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. Counsel has 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 letter
dated 6 April 2007, defendant's counsel advised defendant of his
right to file written arguments with this Court and provided him
with the necessary documents to do so. On 30 April 2007, defendant
filed written arguments with this Court.
Pursuant to Anders and Kinch, we must fully examine the record
to determine whether any issues of arguable merit appear therefrom
or whether the appeal is wholly frivolous. At the outset we note
that because defendant pled guilty and was sentenced within the
presumptive range, defendant's appeal is limited. Specifically,
pursuant to North Carolina General Statutes, section 15A-1444
(2006), a defendant who has pled guilty has a right to appeal only
the following issues: (1) whether the sentence is supported by the
evidence (if the minimum term of imprisonment does not fall withinthe presumptive range); (2) whether the sentence results from an
incorrect finding of the defendant's prior record level under
section 15A-1340.14 or the defendant's prior conviction level under
section 15A-1340.21; (3) whether the sentence contains a type of
sentence not authorized by sections 15A-1340.17 or 15A-1340.23 for
the defendant's class of offense and prior record or conviction
level; (4) whether the sentence contains a term of imprisonment
that is for a duration not authorized by sections 15A-1340.17 or
15A-1340.23 for the defendant's class of offense and prior record
or conviction level under section 15A-1444(a2)(3); (5) whether the
trial court improperly denied the defendant's motion to suppress;
or (6) whether the trial court improperly denied the defendant's
motion to withdraw his guilty plea. State v. Jamerson, 161 N.C.
App. 527, 528-29, 588 S.E.2d 545, 546-47 (2003). In accordance
with Anders, we have conducted our own examination of the record
for possible prejudicial error under North Carolina General
Statutes, section 15A-1444 and have found none.
In his pro se arguments, defendant only asserts that his
guilty plea is unconstitutional because he received ineffective
assistance of counsel, and he was untruthful in his colloquy
regarding his education level and understanding of the proceedings.
Defendant's pro se arguments do not fall within any of the
categories set forth above and therefore are outside this Court'slimited review. Accordingly, we dismiss defendant's pro se
arguments.
No error.
Chief Judge MARTIN and Judge CALABRIA concur.
Report per Rule 30(e).
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