STATE v. JACOBS (2024)

Defendant Aira Siera Jacobs appeals from the trial court's judgment entered after a jury returned a verdict finding Defendant guilty of the lesser-included offense of assault with a deadly weapon inflicting serious injury.

Defendant's counsel has filed a brief on appeal pursuant to 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). In accordance with the requirements set forth in Anders and Kinch, counsel states in his brief that he is “unable to identify any issue with sufficient merit to support an argument for relief on appeal,” but “respectfully asks this Court to conduct a full and independent review of the [R]ecord.” See Anders, 396 U.S. at 744, 87 S.Ct. at 1400, 189 L.E.2d 493; see also Kinch, 314 N.C. at 102, 331 S.E.2d at 666–67. Counsel has also “advised [Defendant] of [her] right to file supplemental arguments on [her] own behalf” in accordance with Anders and Kinch.

Defendant's counsel refers this Court to the following issues that may arguably support Defendant's appeal: (1) whether any prejudicial error occurred in the trial court's proceedings and (2) whether the trial court reversibly erred in denying Defendant's request to instruct the jury on misdemeanor assault with a deadly weapon. Pursuant to Anders and Kinch, in our appellate review, we are tasked to independently examine the entire Record to determine whether Defendant's appeal is wholly frivolous. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400, 189 L.E.2d 493; see also Kinch, 314 N.C. at 102–03, 331 S.E.2d at 667 (“[W]e ․ review the legal points appearing in the record, transcript, and briefs, not for the purpose of determining their merits (if any) but to determine whether they are wholly frivolous.” (citation omitted)).

Based on our full and independent examination of the Record, including the issues arguably supporting appeal presented by Defendant's counsel, we conclude the Record contains no meritorious issue entitling Defendant to relief, and find no error on the part of the trial court.

NO ERROR.

Report per Rule 30(e).

PER CURIAM.

Panel consisting of Chief Judge DILLON, Judge FLOOD, and Judge THOMPSON.