STATE v. DRAUGHN (2025)

Defendant Janice Renee Draughn appeals the trial court's judgment finding her guilty of speeding in a work zone, driving while impaired, and possessing an alcoholic beverage in the passenger area of a motor vehicle.

Defendant's appellate counsel has filed a brief on appeal pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Kinch, 314 N.C. 99 (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; see also Kinch, 314 N.C. at 102.

Defendant's appellate counsel refers this Court to the following issues that may arguably support Defendant's appeal: (1) whether the trial court plainly and reversibly erred in denying Defendant's pretrial motion to suppress evidence; (2) during sentencing, whether the trial court reversibly erred in accepting defense counsel's stipulation to an aggravating factor; and (3) whether Defendant received ineffective assistance of counsel (“IAC”). 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; see also Kinch, 314 N.C. at 102–03 (“[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 appellate counsel, we conclude the Record contains no meritorious issue entitling Defendant to relief. Thus, there is no error on the part of the trial court, and we dismiss Defendant's IAC claim.

NO ERROR In Part, and DISMISSED In Part.

Report per Rule 30(e).

PER CURIAM.

Panel consisting of Judges CARPENTER, GORE and FLOOD.