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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA07-714


Filed: 4 December 2007


    v.                        Forsyth County
                            No. 06 CRS 056307

    Appeal by defendant from judgment entered 8 March 2007 by Judge L. Todd Burke in Forsyth County Superior Court. Heard in the Court of Appeals 30 November 2007.

    Attorney General Roy Cooper, by Assistant Attorney General Joan M. Cunningham, for the State.

    Bryan Gates, for defendant-appellant.

    TYSON, Judge.

    Jonathan Lee Autery (“defendant”) appeals from judgment entered after he pled guilty to assault with a deadly weapon inflicting serious injury pursuant to N.C. Gen. Stat. § 14-32(B). We affirm.

I. Background

    Defendant pled guilty on 8 March 2007 to assault with a deadly weapon inflicting serious injury in exchange for dismissal of a charge of robbery with a deadly weapon. The trial court sentenced defendant within the presumptive range to a minimum term of thirty- three months and a maximum term of forty-nine months imprisonment. Defendant appeals.
II. Anders Brief
    Defendant's appellate counsel has filed a brief pursuant to 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), requesting this Court to review the record for possible prejudicial error. Counsel attached to the defendant's brief a copy of a letter dated 13 June 2007, which he mailed to defendant and advised defendant of his inability to find potential issues to raise on appeal and of defendant's right to file his own brief with the Court and requested this Court to conduct an independent review of the record. Appellate counsel has complied with Anders, 386 U.S. 738, 18 L. Ed. 2d 493 and Kinch, 314 N.C. 99, 331 S.E.2d 665. Defendant has not filed his own written arguments and a reasonable time for him to do so has passed.
III. Conclusion

    We have carefully reviewed the judgment and record and are unable to find possible error to warrant a meaningful appeal. Defendant voluntarily pled guilty and his sentence is in accordance with the law. We find no possible prejudicial error and affirm the judgments of the trial court.
    Judges GEER and STEPHENS concur.
    Report per Rule 30(e).

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