STATE OF NORTH CAROLINA v. LAKEVIOUS TYRRELL SMITH (2024)

Defendant Lakevious Tyrrell Smith appeals from a judgment entered upon a guilty plea. Defendant pled guilty to one count of possession of marijuana and one count of possession of marijuana with intent to sell or deliver. Defense counsel filed an Anders brief on behalf of Defendant, requesting this Court make an independent review of the record to determine if any meritorious issues exist.

On 12 April 2020, an officer of the Greenville Police Department pulled over Defendant while he was driving. The officer determined Defendant was driving with a suspended license. When the officer approached his vehicle, Defendant admitted to having a marijuana blunt in his possession. Based on this admission, the officer conducted a search of the vehicle. The officer found eighty grams of marijuana in the vehicle, which Defendant claimed was for personal use. Defendant proceeded to inform the officer he occasionally sold marijuana.

On 23 March 2021, an officer from the Pitt County Sheriff's Office pulled Defendant over for a traffic stop. The license on the vehicle showed that it was suspended. Defendant was not wearing his seatbelt, and his vehicle smelled like marijuana. A K-9 walked around the car and alerted to the presence of an illegal substance. The officers searched the vehicle's console and found about thirty-two grams of marijuana.

On 12 September 2022, Defendant was indicted for two counts of possession with intent to sell or deliver marijuana, two counts of maintaining a vehicle for keeping and selling a controlled substance, and two counts of possession of marijuana paraphernalia. On 23 June 2023, Defendant pled guilty to one count of possession with the intent to sell or deliver marijuana and one count of possession of marijuana. In exchange for the guilty plea, the State dismissed the remaining charges. Defendant gave timely notice of appeal.

Defendant's counsel filed a brief asking this Court to conduct an independent review of the record to determine if any meritorious issues or reversible error exist. Defendant's counsel filed the brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985). Defendant's counsel presented three potential issues: (1) whether the indictments were sufficient to confer jurisdiction on the trial court; (2) whether there was a sufficient factual basis for the plea; and (3) whether the trial court erred when sentencing Defendant.

Pursuant to Anders and Kinch, we conduct a full examination of the record to determine whether Defendant's appeal has merit or is wholly frivolous. Anders, 386 U.S. at 744; see also Kinch, 314 N.C. at 102–03, 331 S.E.2d at 667 (“Pursuant to Anders, this Court must now determine from a full examination of all the proceedings whether the appeal is wholly frivolous.” (internal citations omitted)). This Court will review the legal points in the record, briefs, and transcripts to determine if they are wholly frivolous, not to determine their merits. Kinch, 314 N.C. at 102–03, 331 S.E.2d at 667 (citing Anders, 386 U.S. at 744).

After conducting a full and independent review of the record, we hold that there are no meritorious issues. Therefore, we affirm the trial court's judgment.

AFFIRMED.

Report per Rule 30(e).

PER CURIAM.