STATE OF NORTH CAROLINA v. FALECIA ANN RICHMOND (2024)

Defendant Falecia Ann Richmond appeals from the trial court's judgment entered upon a jury's verdict finding her guilty of second-degree trespass.¹ Counsel for Defendant filed an Anders brief on appeal. After careful review, we conclude that Defendant received a fair trial, free from error or prejudicial error.

Background

On 23 May 2023, following a day's long trial with five witnesses, including one defense witness, the jury returned a verdict finding Defendant guilty of second-degree trespass. On 26 June 2023, the trial court entered judgment against Defendant for second-degree trespass and sentenced her to 15 days in the custody of the Caswell County Sheriff, with credit for 15 days spent in confinement prior to the date of the judgment. Defendant gave oral notice of appeal.

Anders Review

On appeal, Defendant's counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, reh'g denied, 388 U.S. 924, 18 L. Ed. 2d 1377 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), stating that “[a]fter careful review of the record and applicable law, counsel is unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal.” Counsel “respectfully requests this Court to conduct a full examination of the record for any prejudicial error and determine if any issue has been overlooked.” “In accordance with Anders and Kinch, counsel advised [Defendant] of her right to file her own arguments and provided [her] with [counsel's appellant] brief, transcript of proceedings, printed record on appeal, and this Court's mailing address.” Defendant has not filed any written arguments on her own behalf with this Court, and a reasonable time in which she could have done so has passed.

“Under our review pursuant to Anders and Kinch, we must determine from a full examination of all the proceedings whether the appeal is wholly frivolous.” State v. Frink, 177 N.C. App. 144, 145, 627 S.E.2d 472, 473 (2006) (cleaned up).

We have conducted a full examination of the record in this case for any issues with arguable merit, including those counsel raises in Defendant's brief, as required by Anders and Kinch. We are unable to find any error, and we conclude that this appeal presents no issue that might entitle Defendant to relief from the judgment.

Conclusion

Accordingly, we conclude that Defendant received a fair trial, free from error.

NO ERROR.

Report per Rule 30(e).

FOOTNOTES

1.   By amended judgment entered 26 June 2023.

ZACHARY, Judge.

Judges COLLINS and STADING concur.