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167 N.C. App. 657

605 S.E.2d 743

State v. Tinsley

Court of Appeals of North Carolina

Decided December 21, 2004

Court of Appeals of North Carolina · decided 2004-12-21

Relies on Anders v. California · United Biscuit Co. of America v. Federal Trade Commission · State v. Kinch

Decided 2004-12-21

STEELMAN, Judge.

¶1Defendant was charged and convicted of common law robbery. The trial court sentenced defendant to a mitigated sentence of 8-10 months imprisonment. This sentence was suspended, and defendant was placed on probation for 36 months. Defendant appeals.

¶2Counsel appointed to represent defendant 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 has also shown to the satisfaction of this Court that she has complied with the requirements of Anders v. California,386 U.S. 738, 18 L. Ed. 2d 493, reh'g denied,388 U.S. 924, 18 L. Ed. 2d1377 (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.

¶3Defendant has not filed any written arguments on his own behalf with this Court, and a reasonable time in which he could have done so has passed. In accordance with Anders, we have fully examined the record to determine whether any issues of arguable merit appear therefrom or whether the appeal is wholly frivolous. We conclude that the appeal is wholly frivolous. Furthermore, we have examined the record for possible prejudicial error and found none.

¶4NO ERROR.

¶5Judges HUNTER and ELMORE concur.

¶6Report per Rule 30(e).

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