Opinion
No. COA11–1290.
2012-05-1
STATE of North Carolina v. Jerry Junior McNEIL, Defendant.
Attorney General Roy A. Cooper, III, by Assistant Attorney General Derrick C. Mertz, for the State. Harrington, Gilleland, Winstead, Feindel & Lucas, LLP, by Anna S. Lucas, for defendant-appellant.
Appeal by defendant from judgment entered 13 June 2011 by Judge W. Allen Cobb, Jr. in Superior Court, Sampson County. Heard in the Court of Appeals 23 April 2012. Attorney General Roy A. Cooper, III, by Assistant Attorney General Derrick C. Mertz, for the State. Harrington, Gilleland, Winstead, Feindel & Lucas, LLP, by Anna S. Lucas, for defendant-appellant.
STROUD, Judge.
On 18 June 2009, Jerry Junior McNeill (“defendant”) was convicted by a jury of felonious breaking or entering, felonious larceny, possession of stolen goods, and possession of a firearm by a felon. Prior to entry of judgment, “[t]he trial court arrested judgment on the charge of possession of stolen goods ‘because by operation of law those are inconsistent verdicts' with defendant's convictions for felonious breaking and entering and felonious larceny.” State v. McNeill, ––– N.C.App. ––––, –––– n. 1, 707 S .E.2d 674, 678 n. 1 (2011). The trial court sentenced defendant to consecutive terms of 11 to 14 months imprisonment for the felonious breaking and entering and felonious larceny convictions, and a consecutive term of 19 to 23 months imprisonment for the possession of a firearm by a felon conviction. The trial court also ordered defendant to pay restitution. On appeal, this Court arrested judgment for defendant's conviction for felonious larceny, found no error in his convictions for felonious breaking or entering and possession of a firearm by a felon, and vacated and remanded the restitution portion of his sentence. Id. at ––––, 707 S.E.2d at 685.
On 13 June 2011, the matter on remand was heard in Superior Court, Sampson County. At that time, the State declined to pursue restitution, but prayed judgment in the possession of stolen goods conviction that had been previously arrested by the trial court. The trial court entered judgment on the possession of stolen goods conviction and sentenced defendant to a term of 11 to 14 months imprisonment to be served at the expiration of the sentences he was then serving. Defendant appeals.
Counsel 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 CALABRIA and BEASLEY concur.
Report per Rule 30(e).