Opinion
No. COA12–686.
2012-12-4
STATE of North Carolina v. Henry Maurice DOYAL.
Attorney General Roy Cooper, by Assistant Attorney General Joseph L. Hyde, for the State. Irons & Irons, P.A., by Ben G. Irons, II, for defendant-appellant.
On writ of certiorari to review judgment entered 11 August 2009 by Judge J. Richard Parker in Pasquotank County Superior Court. Heard in the Court of Appeals 26 November 2012. Attorney General Roy Cooper, by Assistant Attorney General Joseph L. Hyde, for the State. Irons & Irons, P.A., by Ben G. Irons, II, for defendant-appellant.
HUNTER, ROBERT C., Judge.
Henry Maurice Doyal (“defendant”) pled guilty to attempted first degree murder in a plea agreement with the State. The trial court entered judgment and sentenced defendant to an active term of 160 to 201 months imprisonment. On 23 June 2011, this Court granted certiorari to review the judgment entered upon defendant's conviction and limited review to those issues upon which defendant had a right to direct appeal pursuant to N.C. Gen.Stat. § 15A–1444(a1) and (a2) (2009).
Defendant's counsel has filed a brief on defendant's behalf in which he states that he “has found no grounds for direct appeal under law.” He “invites this Court to review the Record to determine if reversible error has been committed by the trial court in this case.” In accordance with the holdings 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), counsel wrote to defendant on 18 June 2012, advising defendant of his inability to find errors to raise on appeal, of counsel's request for this Court to conduct an independent review of the record, and of defendant's right to file his own arguments directly with this Court. Counsel attached to the letter a copy of the record, the transcript, and the brief filed by counsel. Defendant has not filed his own written arguments.
Pursuant to N.C. Gen.Stat. § 15A–1444 (a1) and (a2), the following issues may be raised on appeal from a guilty plea entered in superior court: (1) whether the sentence imposed is supported by the evidence (if the minimum term of imprisonment does not fall within the presumptive range); (2) whether the sentence imposed results from an incorrect finding of defendant's prior record level under N.C. Gen.Stat. § 15A1340.14 or defendant's prior conviction level under N.C. Gen.Stat. § 15A–1340.21; (3) whether the sentence imposed constitutes a type of sentence disposition not authorized by N.C. Gen.Stat. §§ 15A–1340.17 or 15A–1340.23 for defendant's class of offense and prior record or conviction level; and (4) whether the sentence imposed contains a term of imprisonment not authorized by N .C. Gen.Stat. §§ 15A–1340.17 or 15A–1340.23 for defendant's class of offense and prior record or conviction level. N.C. Gen.Stat. § 15A–1444(a1), (a2).
According to Anders and Kinch, we have fully examined the record for possible prejudicial error under N.C. Gen.Stat. § 15A–1444. After careful review of the record, we find no error in defendant's judgment and sentence.
No error. Judges CALABRIA and McCULLOUGH concur.
Report per Rule 30(e).