STATE v. ELLIOTT (2019)

Defendant pleaded guilty to a number of charges, including habitual larceny, pursuant to an Alford plea. See North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160 (1970). Per the terms of the plea agreement, the State dismissed a number of other charges. The trial court subsequently dismissed one of the other charges. Defendant was sentenced at the top of the presumptive range to 20-33 months’ imprisonment.

Defendant gave oral notice of appeal.

Counsel appointed to represent Defendant on appeal has been unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal and asks that this Court conduct its own review of the record for possible prejudicial error. Counsel shows to the satisfaction of this Court that counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), by advising Defendant of his right to file written arguments with this Court and providing him with the documents necessary to do so. Defendant has not filed any arguments.

The State filed a motion to dismiss Defendant's appeal, arguing Defendant failed to raise any of the limited issues that he has a right to appeal under N.C. Gen. Stat. § 15A-1444. Given Defendant has a statutory right to appellate review of certain issues, see N.C. Gen. Stat. § 15A-1444(a1)-(a2) (2018), and Defendant's counsel filed an Anders brief asking this Court to review the record for any possible meritorious, appealable issue, we deny the State's motion to dismiss.

In accordance with Anders, we have fully examined the record to determine whether any issues of arguable merit appear therefrom. By virtue of his plea, Defendant's right of appeal was limited to the issues set forth in N.C. Gen. Stat. § 15A-1444(a1)-(a2). State v. Hamby, 129 N.C. App. 366, 369, 499 S.E.2d 195, 196 (1998). Here, Defendant stipulated to his prior convictions and prior record level. Furthermore, Defendant was correctly sentenced in the presumptive range for a Class H, Level VI felony offense. Accordingly, we find no prejudicial error and affirm the trial court's judgment.

AFFIRMED.

Report per Rule 30(e).

DILLON, Judge.

Judges DIETZ and MURPHY concur.