State v. McLean

An unpublished opinion of the North Carolina Court of Appeals does not constitute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. COA13-1166
NORTH CAROLINA COURT OF APPEALS
Filed: 18 February 2014
STATE OF NORTH CAROLINA
v. Cumberland County
No. 11 CRS 61036
EDDIE MCLEAN
Appeal by Defendant from judgment entered 25 June 2013 by
Judge James F. Ammons, Jr., in Cumberland County Superior Court.
Heard in the Court of Appeals 27 January 2014.
Attorney General Roy Cooper, by Assistant Attorney General
Sherri Horner Lawrence, for the State.
Peter Wood for Defendant.
DILLON, Judge.
On appeal from his district court conviction, Eddie McLean
(“Defendant”) pled guilty in superior court to assault on a
female and stipulated to nineteen prior convictions resulting in
a prior conviction level III. The Honorable James F. Ammons,
Jr., suspended a sentence of 150 days in the Misdemeanant
Confinement Program and placed Defendant on unsupervised
probation for 60 months. The judgment includes the requisite
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finding by Judge Ammons that it was necessary to impose a period
of probation longer than the 18-month presumptive term
prescribed by N.C. Gen. Stat. § 15A-1343.2(d)(1) (2011).
Defendant filed notice of appeal.
Counsel appointed to represent Defendant is 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. He
shows to the satisfaction of this Court that he has complied
with the requirements of Anders v. California, 386 U.S. 738, 18
L. Ed. 2d 493 (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 on his own
behalf with this Court, and a reasonable time for him to do so
has expired. In accordance with Anders, we have fully examined
the record to determine whether any issues of arguable merit
appear therefrom. We have been unable to find any possible
prejudicial error and conclude that the appeal is wholly
frivolous.
AFFIRMED.
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Chief Judge MARTIN and Judge HUNTER, JR., concur.
Report per Rule 30(e).