Opinion
No. COA02-991
Filed 18 March 2003 This case not for publication.
Appeal by defendant from judgments entered 20 February 2002 by Judge Timothy S. Kincaid in Gaston County Superior Court. Heard in the Court of Appeals 3 March 2003.
Attorney General Roy A. Cooper, III, by Assistant Attorney General Sue Y. Little, for the State. Brent D. Ratchford for defendant-appellant.
Gaston County Nos. 99CRS35708, 35710.
Herman Lipscomb ("defendant") appeals from judgments entered 20 February 2002 revoking his probation and activating his suspended sentences. Finding the appeal frivolous, we affirm the judgments of the trial court.
On 5 January 2000, defendant pled guilty to one count each of taking indecent liberties with a minor and disseminating obscenity. The trial court imposed consecutive suspended sentences of seventeen to twenty-one months and six to eight months imprisonment and placed defendant on supervised probation for a period of three years.
In reports filed in January and July of 2001, defendant was charged with violating the monetary conditions of his probation, failing to maintain an adequate level of participation in his sexual offender treatment program, and testing positive for cocaine use. Finding defendant in violation of these conditions of his probation, the trial court entered an order on 15 October 2001, scheduling an additional review after a period of ninety days, during which time defendant was to "be in full compliance with all conditions of his probation."
Defendant was charged in a report filed 29 November 2001, with failing to report to his probation officer on two occasions, violating curfew on five occasions, and twice moving to a new address without the permission of his probation officer. Defendant's review hearing was held on 20 February 2002. In addition to the charged violations, the court heard evidence that defendant tested positive for cocaine use on two occasions since the previous hearing. Finding defendant's misconduct willful and without lawful excuse, the trial court revoked probation and activated his suspended sentences. Defendant filed timely notice of appeal from the judgments.
Counsel appointed to represent defendant on appeal has filed an Anders brief indicating that he is unable to identify an issue with sufficient merit to support a meaningful argument for relief on appeal. He asks that this Court conduct its own review of the record for possible prejudicial error. Counsel has filed documentation with the Court showing 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 the Court and providing him with a copy of the documents pertinent to his appeal. Defendant has filed no additional arguments of his own with this Court, and a reasonable time for such arguments has passed.
In accordance with Anders, we have fully examined the record to determine whether any issues of arguable merit appear therefrom and whether the appeal is wholly frivolous. We conclude the appeal is frivolous and affirm the decision of the trial court.
Affirmed.
Judges BRYANT and ELMORE concur.
Report per Rule 30(e).