STATE v. BOWEN (2023)

Defendant Desean Anthony Bowen was found guilty of assault inflicting serious injury after a bench trial in District Court, Forsyth County. The district court sentenced defendant to sixty days, suspended for a term of supervised probation. Defendant gave oral notice of appeal to the superior court. On 4 January 2023, defendant pled guilty to assault inflicting serious injury in Superior Court, Forsyth County. The superior court sentenced defendant to forty-five days, suspended for a term of supervised probation. On 11 January 2023, defendant filed a pro se notice of appeal to this Court.

Defendant concedes he failed to comply with the requirements of Rule 4 of the North Carolina Rules of Appellate Procedure. He filed a petition for writ of certiorari with this Court to permit review of the superior court's judgment along with an appellant's brief seeking review under Anders v. California, 386 U.S. 738 (1967) and State v. Kinch, 314 N.C. 99 (1985). The State filed a motion to dismiss defendant's appeal.

“A petition for the writ [of certiorari] must show merit or that error was probably committed below. Certiorari is a discretionary writ, to be issued only for good and sufficient cause shown.” State v. Grundler, 251 N.C. 177, 189 (1959) (citations omitted). Defendant states in his brief that he “is unable to identify any discernable issue with sufficient merit to support a meaningful argument for relief on appeal.” “This is tantamount to a conclusion that the appeal is wholly frivolous.” Kinch, 314 N.C. at 102. “Failing to present a meritorious claim or reveal error in the proceeding below, defendant has failed to present good cause for the issuance of a writ of certiorari. Accordingly, in our discretion, defendant's petition for a writ of certiorari is denied, and his appeal dismissed.” State v. Rouson, 226 N.C. App. 562, 567 (2013) (citation omitted).

DISMISSED.

Report per Rule 30(e).

PER CURIAM.

Panel consisting of: Judges DILLON, MURPHY, and GORE.