State v. Sellers

An unpublished opinion of the North Carolina Court of Appeals does not constitute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. COA14-362
NORTH CAROLINA COURT OF APPEALS
Filed: 5 August 2014
STATE OF NORTH CAROLINA
v. Davidson County
No. 11 CRS 53249
KELVIN LEANDER SELLERS
Appeal by defendant from judgment entered 15 May 2013 by
Judge Kevin M. Bridges in Davidson County Superior Court. Heard
in the Court of Appeals 21 July 2014.
Attorney General Roy Cooper, by Assistant Attorney General
Mary Carla Hollis, for the State.
Gilda C. Rodriguez for defendant-appellant.
HUNTER, JR., Robert N., Judge.
Defendant Kelvin Leander Sellers appeals from the 15 May
2013 judgment entered after he pled guilty to financial card
theft. The trial court sentenced defendant to an active term of
7 to 9 months imprisonment, set to run concurrently with a
prison term defendant was serving in another case. Defendant
appeals.
-2-
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 has also shown to the satisfaction
of this Court that she 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 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. We have been unable to find
any possible prejudicial error and conclude that the appeal is
wholly frivolous.
No error.
Judges BRYANT and STROUD concur.
Report per Rule 30(e).