Opinion
No. COA12–746.
2012-12-4
STATE of North Carolina v. Luis Antonio NUNEZ–GARCIA.
Roy Cooper, Attorney General, by Phillip T. Reynolds, Assistant Attorney General, for the State. J. Edward Yeager, Jr., for defendant-appellant.
Appeal by defendant from judgment entered 6 October 2011 by Judge W. Osmond Smith III in Wake County Superior Court. Heard in the Court of Appeals 26 November 2012. Roy Cooper, Attorney General, by Phillip T. Reynolds, Assistant Attorney General, for the State. J. Edward Yeager, Jr., for defendant-appellant.
MARTIN, Chief Judge.
On 6 October 2011, defendant Luis Antonio Nunez–Garcia was found guilty by a jury of conspiracy to traffic in cocaine by sale or delivery. The trial court sentenced defendant to a term of thirty-five to forty-two months imprisonment. 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 he 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 STROUD and HUNTER, JR. concur.
Report per Rule 30(e).