STATE v. COX (2023)

On appeal from his conviction in superior court, Defendant pled guilty to two counts of possession with intent to manufacture, sell, or distribute cocaine. See N.C. Gen. Stat. § 90-95(a)(1) (2021). The trial court sentenced Defendant to two consecutive split sentences of five months’ imprisonment, each of which was suspended for thirty months. Defendant gave notice of appeal on 10 August 2021.

Counsel appointed to represent Defendant is unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal and asks that this Court conduct its own review of the Record for possible prejudicial error. Counsel shows to the satisfaction of this Court that he has complied with the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (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 to do so.

Defendant has not filed any written arguments on his own behalf with this Court, and a reasonable time for him to do so has expired. In accordance with Anders, we have fully examined the Record to determine whether any issues of arguable merit appear therefrom. We are unable to find any possible prejudicial error and conclude that the appeal is wholly frivolous. The trial court's judgment is affirmed.

AFFIRMED.

Panel consisting of:

Report per Rule 30(e).

PER CURIAM.

Judges ZACHARY, HAMPSON, and FLOOD.