STATE OF NORTH CAROLINA
v. Forsyth County
No. 00 CRS 52819
MELVIN WAYNE BECK
Attorney General Roy Cooper, by Special Deputy Attorney
General Robert C. Montgomery, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate
Defender Daniel Shatz, for defendant appellant.
ELMORE, Judge.
Melvin Wayne Beck (defendant) appeals from judgment entered
after a re-sentencing hearing. Although defendant's conviction for
second degree murder was affirmed on appeal, his case was remanded
for re-sentencing. State v. Beck, 163 N.C. App. 469, 470, 594
S.E.2d 94, 95 (2004), rev'd in part, 359 N.C. 611, 614 S.E.2d 274
(2005). After a new sentencing hearing, the trial court sentenced
defendant within the presumptive range to a minimum of 251 months'
and a maximum of 311 months' imprisonment. We find no error.
Defendant's counsel has filed a brief on defendant's behalf in
which he states that “[i]n light of the fact that Mr. Beck's
conviction has already been affirmed on appeal, and in light of thefact that he received a presumptive range sentence, undersigned
counsel has been unable to find any non-frivolous issue to be
raised in this appeal.” He requests this Court to “independently
examine the record for any possible error.” In accordance with the
holdings 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),
counsel wrote defendant a letter on 22 June 2007 advising defendant
of counsel's inability to find error, of counsel's request for this
Court to conduct an independent review of the record, and of
defendant's right to file his own arguments directly with this
Court. Counsel attached a copy of the record, the sentencing
transcript, and the brief filed by counsel. Defendant has not
filed his own written arguments.
After carefully reviewing the transcript and entire record, we
are unable to find any possible error in defendant's re-sentencing.
No error.
Judges WYNN and BRYANT concur.
Report per Rule 30(e).
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