Forsyth County Nos. 07 CRS 26451, 53602.
HUNTER, JR., ROBERT N., Judge.
Isaac Peterson ("defendant") appeals from judgment dated 22 April 2009 and entered pursuant to jury verdicts finding him guilty of possession of cocaine and attaining the status of an habitual felon. The trial court found mitigating factors existed for sentencing purposes and determined defendant to have a prior record level of III based on eight prior record points. The trial court sentenced defendant in the mitigated range for a Class C felony to a term of 84 to 110 months' imprisonment. Defendant gave notice of appeal in open court.
At trial, the State's evidence tended to show that on 11 April 2007, officers from the Forsyth County Sheriff's Office executed a search warrant on an apartment. Upon entering the apartment, the officers detained defendant, handcuffing him and directing him to sit on the sofa while they conducted their search. As the officers searched the living room, they asked defendant to stand up and subsequently found an Aleve bottle containing two grams of crack cocaine under one of the sofa cushions. Defendant was placed under arrest and taken to the Magistrate's office. At the Magistrate's office, officers searched defendant and found a bag in defendant's hand containing 4.5 grams of crack cocaine. Defendant did not present evidence at trial.
Defendant's appellate counsel states that he "has carefully and thoroughly reviewed the record of this case and finds no error in the proceedings or sentencing of the defendant." Therefore, counsel requests, 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), that this Court review the entire record to determine whether an error has been made in defendant's case.
In accordance with the holdings of Anders and Kinch, counsel wrote a letter to defendant dated 9 September 2009. In the letter, counsel advised defendant of his opinion that there was no error in defendant's trial or sentencing proceedings, of his 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 transcript of defendant's trial and the brief to this Court filed on defendant's behalf. Counsel indicated he had previously sent defendant a copy of the record on appeal in this case. Defendant has not filed his own written arguments.
We hold that defendant's counsel has fully complied with the holdings in Anders and Kinch. Accordingly, we must fully "review the record for any prejudicial error." Kinch, 314 N.C. at 102, 331 S.E.2d at 666. After carefully reviewing the transcript and entire record, we are unable to find any possible prejudicial error in defendant's trial, judgment or sentencing.
No error.
Judges McGEE and GEER concur.
Report per Rule 30(e).