State v. Thomas ( 2015 )

An unpublished opinion of the North Carolina Court of Appeals does not constitute
controlling legal authority. Citation is disfavored, but may be permitted in accordance
with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
NO. COA14-841
NORTH CAROLINA COURT OF APPEALS
Filed: 20 January 2015
STATE OF NORTH CAROLINA
v. Johnston County
Nos. 14 CRS 372-73
CHRISTOPHER LEE THOMAS
Appeal by defendant from judgment entered 7 May 2014 by
Judge Thomas H. Lock in Johnston County Superior Court. Heard
in the Court of Appeals 15 December 2014.
Attorney General Roy Cooper, by Assistant Attorney General
Teresa M. Postell, for the State.
Winifred H. Dillon for defendant-appellant.
STEELMAN, Judge.
Defendant pled guilty to the felony of common law
obstruction of justice and attaining habitual felon status. The
court imposed an active, mitigated range sentence of 38 to 58
months imprisonment.
Defendant appeals.
Defendant’s appointed counsel has filed a brief in which
she requests review in accordance with Anders v. California, 386
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U.S. 738, 18 L. Ed. 2d 493 (1967) and State v. Kinch, 314 N.C.
99, 331 S.E.2d 665 (1985). In accordance with those decisions,
she states that after carefully reviewing the record and
transcript, researching the applicable law, and consulting with
the Office of the Appellate Defender, she is “unable to identify
any issue arising from the proceedings with sufficient merit to
support a meaningful argument for relief on appeal, and
concludes that this appeal is wholly frivolous.” She asks this
Court to examine the record on appeal for any possible error she
may have overlooked.
As an appendix to the brief, counsel attached a letter
mailed to defendant on 16 August 2014 in which defendant was
advised that counsel was unable to find any meritorious issue to
be argued on appeal. Defendant was also advised that this Court
had been asked to conduct its own independent review of the
record for possible error and that he had the right to submit
his own written arguments to this Court. To assist defendant
with filing his own arguments, counsel enclosed a copy of the
brief filed on defendant’s behalf and the printed record on
appeal supplementing the stenographic transcript of the plea and
sentencing hearing previously mailed to defendant. Counsel
also provided defendant with the address to which to mail his
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written arguments. Counsel further directed defendant to mail a
copy of the arguments to the Attorney General, and provided the
mailing address.
Counsel also directs our attention to one possible issue
concerning the indictment, which charged that defendant
“unlawfully, willfully and feloniously did obstruct justice by
falsely representing himself as Eddie Atkinson, during a law
enforcement investigation when in fact his name is Christopher
Lee Thomas. This offense was committed with deceit and intent
to fraud.” Counsel notes that the statute elevating a
misdemeanor offense to a felony uses the words “with deceit and
intent to defraud.” See N.C. Gen. Stat. § 14-3(b) (2013).
Counsel acknowledges that the language of an indictment does not
need to track a statute as long as the language is “sufficiently
similar” to the statutory language and provides the defendant
with adequate notice of the State’s intent. See State v.
Blount, 209 N.C. App. 340, 344-45, 703 S.E.2d 921, 924-25 (2011)
(holding language in indictment charging that the defendant
obstructed justice by providing a false name “with deceit and
intent to interfere with justice” was sufficiently similar to
provide the defendant with notice that the State intended to
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elevate the offense to felony status). The indictment in the
instant case was sufficient to charge defendant with a felony.
Defendant has not filed any written arguments. After
careful review of the record, we are unable to find error to
support a meaningful appeal.
AFFIRMED.
Judges ELMORE and DILLON concur.
Report per Rule 30(e).