Opinion
COA23-673
03-05-2024
STATE OF NORTH CAROLINA v. TRAMELLA TINEAK HINTON, Defendant
Attorney General Joshua H. Stein, by Assistant Attorney General Todd H. Neal, for the State. Appellate Defender, Glenn Gerding, by Assistant Appellate Defender Wyatt Osborn 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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.
Heard in the Court of Appeals 20 November 2023.
Appeal by defendant from judgment entered 10 January 2023 by Judge L. Lamont Wiggins in Edgecombe County No. 20 CRS 51943 Superior Court.
Attorney General Joshua H. Stein, by Assistant Attorney General Todd H. Neal, for the State.
Appellate Defender, Glenn Gerding, by Assistant Appellate Defender Wyatt Osborn for defendant-appellant.
Panel consisting of: Chief Judge DILLON and Judges MURPHY and GORE.
PER CURIAM
Defendant Tramella Tineak Hinton was convicted of Presenting a False Statement to Procure Benefit of an Insurance Policy in violation of N.C. G.S. § 58-2-161 and Attempting to Obtain Property by False Pretenses in violation of N.C. G.S. § 14-100. Both Class H felonies were consolidated into a single judgment and Defendant received a suspended sentence of 8 to 19 months. Defendant gave notice of appeal in open court and was appointed appellate counsel.
On appeal, counsel has filed a no-merit brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Kinch, 314 N.C. 99 (1985), asking this Court to "fully examine the record on appeal for possible prejudicial error and to determine whether counsel overlooked any meritorious issue." Counsel mailed a copy of the brief, record on appeal, and transcript to Defendant on 18 August 2023. Defendant did not exercise her right to file a written argument with this Court.
On 2 January 2024, this Court entered an order:
On its own initiative, and in accordance with Rule 9(b)(5)(b), this Court orders that all bail and/or bond documents, release orders, orders for arrest, or other documents pertaining to Defendant's potential credits in accordance with N.C. G.S. §§ 15-196.1 et. seq. related to these matters be sent up and added to the record on appeal. Assistant Appellate Defender Wyatt B. Orsbon, counsel for defendant-appellant, shall file a supplement to the record on appeal containing the above material within 30 days of the entry of this order.
Counsel for Defendant timely complied with this order and supplemented the record on 3 January 2024. We are satisfied that counsel has fulfilled all of its obligations under Anders and Kinch. We have conducted a full review of the record and transcript and hold that there was no prejudicial error.
NO ERROR.
Report per Rule 30(e).