Pender County Nos. 08 CRS 50813, 51193.
STEPHENS, Judge.
I. Procedural History
On 24 August 2009, pursuant to a plea agreement, Defendant pled guilty to two counts of robbery with a dangerous weapon. The trial court continued judgment until prayed for by the State, upon the condition that Defendant provide substantial assistance to the State in the instant cases, related cases, and any other cases that might arise from Defendant's assistance. On 15 February 2010, the State filed its notice of intent to pray judgment and Defendant's case was calendared for 22 February 2010.
On 22 February 2010, the trial court consolidated the two counts of robbery with a dangerous weapon into one judgment, according to the terms of the plea agreement, and sentenced Defendant in the presumptive range to a term of 77 to 102 months imprisonment. Defendant gave notice of appeal in open court.
II. Discussion
On appeal, counsel for Defendant states that he has been unable to find grounds for appeal "granted by existing law or by a good faith argument for the extension, modification, or reversal of existing law." Consequently, counsel submits Defendant's brief pursuant to 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), and asks this Court to conduct its own review of the record for possible prejudicial error.
By letter dated 30 August 2010, counsel informed Defendant that he is unable to identify any grounds for appeal. Further, counsel informed Defendant that Defendant could file his own arguments with this Court. Counsel indicates that he has forwarded to Defendant copies of the transcripts, record on appeal, and the brief filed by counsel. Accordingly, we hold Defendant's counsel has substantially complied with the holdings in Anders and Kinch.
We note that Defendant has not filed any written arguments in this Court, and a reasonable time for him to have done so has passed.
We first note that a defendant's right to appeal in a criminal proceeding is derived from statute. State v. Pimental, 153 N.C. App. 69, 72, 568 S.E.2d 867, 869, disc. review denied, 356 N.C. 442, 573 S.E.2d 163 (2002). Under N.C. Gen. Stat. § 15A-1444, a defendant who has pled guilty only has a right to appeal issues related to the following: (1) when the minimum term of imprisonment does not fall within the presumptive range for defendant's prior record level and class of offense; (2) whether the sentence results from an incorrect finding of defendant's prior record level under N.C. Gen. Stat. § 15A-1340.14 or defendant's prior conviction level under N.C. Gen. Stat. § 15A-1340.21; (3) whether the type of sentence disposition defendant received is authorized by statute for defendant's class of offense and prior record or conviction level; (4) whether the duration of defendant's sentence is authorized by statute; (5) when a motion to suppress evidence has been denied prior to entry of the guilty plea; and (6) when a motion to withdraw a guilty plea has been denied. State v. Jamerson, 161 N.C. App. 527, 528-29, 588 S.E.2d 545, 546-47 (2003).
In this case, Defendant admitted to prior convictions establishing that his prior record level was II. Furthermore, robbery with a dangerous weapon is a Class D felony. N.C. Gen. Stat. § 14-87 (2008). The presumptive range of minimum sentence durations for a Class D felony at a prior record level II is 61 to 77 months. N.C. Gen. Stat. § 15A-1340.17(c) (2008). Thus, the minimum sentence of 77 months falls within the presumptive range for Defendant's prior record level and class of offense. Additionally, Defendant did not plead guilty after the trial court denied a motion to suppress, nor did Defendant make a motion to withdraw his guilty plea.
In accordance with Anders and Kinch, we have fully examined the record to determine whether any issues of arguable merit appear therefrom or whether the appeal is wholly frivolous. We find no error. Accordingly, the judgment from which Defendant appeals is
AFFIRMED.
Judges ERVIN and BEASLEY concur.
Report per Rule 30(e).