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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA07-587


Filed: 2 October 2007


     v.                            Wilkes County
                                No.    04 CRS 54959

    Appeal by defendant from judgment entered 11 December 2006 by Judge Michael E. Helms in Wilkes County Superior Court. Heard in the Court of Appeals 24 September 2007.

    Attorney General Roy Cooper, by Assistant Attorney General Newton G. Pritchett, Jr., for the State.

    Lisa Skinner Lefler for defendant-appellant.

    BRYANT, Judge.

    Defendant entered an Alford plea to the Class 1 misdemeanor of possession of drug paraphernalia and stipulated to prior convictions resulting in a prior conviction level III. See North Carolina v. Alford, 400 U.S. 25, 27 L. Ed. 2d 162 (1970); see also N.C. Gen. Stat. §§ 15A-1340.21(b)(3), 90-113.22(b) (2005). As authorized for her class of offense and prior conviction level, the trial court sentenced defendant to an active prison term of 120 days. See N.C. Gen. Stat. § 15A-1340.23(c) (2005). Defendant gave notice of appeal in open court.
    Counsel appointed to represent defendant has been unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal. She asks that this Court conductits own review of the record for possible prejudicial error. 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 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), by advising defendant of her right to file written arguments with this Court and providing her with the documents necessary to do so. Defendant has not filed any written arguments, and a reasonable time for her to 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. By virtue of her Alford plea, defendant's right of appeal was limited to the sentencing issues set forth in North Carolina General Statutes, Section 15A-1444(a1), (a2) (2005). She did not condition her plea upon preserving the right to appeal the denial of a motion to suppress; nor did she move to withdraw her plea. N.C. Gen. Stat. §§ 15A-979(b), -1444(e) (2005). Having stipulated to her prior conviction level and received a statutorily-authorized sentence for her misdemeanor offense, defendant had no cognizable ground for appeal in this case. State v. Hamby, 129 N.C. App. 366, 369-70, 499 S.E.2d 195, 197 (1998). Accordingly, we dismiss her appeal. Id. at 370, 499 S.E.2d at 197.
    Judges WYNN and ELMORE concur.
    Report per Rule 30(e).

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