Opinion
No. COA15-1067
04-19-2016
STATE OF NORTH CAROLINA v. PEGGY MORGAN BASS, Defendant.
Attorney General Roy Cooper, by Assistant Attorney General Kevin G. Mahoney, for the State. Michelle FormyDuval Lynch for defendant-appellant.
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. Wayne County, No. 12 CRS 55905 Appeal by defendant from judgment entered 25 March 2015 by Judge Arnold O. Jones, II in Wayne County Superior Court. Heard in the Court of Appeals 11 April 2016. Attorney General Roy Cooper, by Assistant Attorney General Kevin G. Mahoney, for the State. Michelle FormyDuval Lynch for defendant-appellant. GEER, Judge.
Defendant Peggy Morgan Bass was found guilty of felonious larceny and stipulated to eight prior Class 1 misdemeanor convictions resulting in a prior record level III. The trial court sentenced her within the presumptive-range term of eight to 19 months imprisonment. Defendant gave notice of appeal in open court.
Counsel appointed to represent defendant was 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 shows 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, 87 S. Ct. 1396 (1967), and State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), by advising defendant of her right to file written arguments with this Court and providing her with the documents necessary to do so. Defendant has not filed any written arguments on her own behalf with this Court, and a reasonable time for her 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.
NO ERROR.
Judges McCULLOUGH and ZACHARY concur.
Report per Rule 30(e).