State v. Greene

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA12-619 NORTH CAROLINA COURT OF APPEALS Filed: 6 November 2012 STATE OF NORTH CAROLINA v. Mecklenburg County No. 08 CRS 214302 KENNETH WAYNE GREENE, JR. Appeal by defendant from judgment entered 1 December 2011 by Judge H. William Constangy in Mecklenburg County Superior Court. Heard in the Court of Appeals 22 October 2012. Attorney General Roy Cooper, by Assistant Attorney General Brian R. Berman, for the State. Kimberly P. Hoppin for defendant appellant. McCULLOUGH, Judge. On 1 December 2011, Kenneth Wayne Greene, Jr. ( defendant ) pled guilty to possession of a stolen firearm. The trial court sentenced defendant to a term of fifteen to eighteen months imprisonment. and placed The trial court suspended defendant s sentence him Defendant appeals. on supervised probation for thirty months. -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 (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 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 HUNTER (Robert C.) and CALABRIA concur. Report per Rule 30(e).

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