STATE v. GREEN (2021)

¶ 1 Defendant Alex Antonio Green appeals from judgments entered upon his guilty plea to common law robbery and second-degree kidnapping.

¶ 2 Counsel appointed to represent Defendant on appeal is “unable to identify an 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 has shown to the satisfaction of this Court that he 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 for him to do so. Defendant has not filed any written arguments.

¶ 3 Under our General Statutes, a defendant who has pleaded guilty is entitled to appeal as a matter of right the issue of whether the sentence imposed: (1) results from an incorrect finding of the defendant's prior record level or conviction level; (2) contains a type of sentence disposition that is not authorized; or (3) contains a term of imprisonment that is for a duration not authorized. N.C. Gen. Stat. § 15A-1444(a2) (2019).

¶ 4 In accordance with Anders, we have fully examined the record to determine whether any issues of arguable merit appear therefrom. The record shows that Defendant was awarded a mitigating factor as part of the plea agreement for “accept[ing] responsibility for his criminal conduct” and was properly sentenced in the mitigated range for each offense. Further, the trial court correctly found Defendant to be a prior Level V offender for sentencing. Accordingly, we conclude that there was no reversible error and affirm the judgments entered.

AFFIRMED.

Report per Rule 30(e).

DILLON, Judge.

Judges GRIFFIN and JACKSON concur.