State v. Alex Antonio Green
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. IN THE COURT OF APPEALS OF NORTH CAROLINA 2021-NCCOA-417 No. COA20-456 Filed 3 August 2021 Forsyth County, No. 18CRS053210 STATE OF NORTH CAROLINA v. ALEX ANTONIO GREEN, Defendant. Appeal by Defendant from judgments entered 22 October 2018 by Judge David L. Hall in Forsyth County Superior Court. Heard in the Court of Appeals 12 May 2021. Attorney General Joshua H. Stein, by Assistant Attorney General Heather H. Freeman, for the State. Michael E. Casterline for the Defendant. DILLON, Judge. ¶1 Defendant Alex Antonio Green appeals from judgments entered upon his guilty plea to common law robbery and second-degree kidnapping. ¶2 Counsel appointed to represent Defendant on appeal is “unable to identify an 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 STATE V. GREEN 2021-NCCOA-417 Opinion of the Court error. Counsel has shown to the satisfaction of this Court that he has complied with the requirements of Anders v. California, 386 U.S. 738 (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. ¶3 Under our General Statutes, a defendant who has pleaded guilty is entitled to appeal as a matter of right the issue of whether the sentence imposed: (1) results from an incorrect finding of the defendant’s prior record level or conviction level; (2) contains a type of sentence disposition that is not authorized; or (3) contains a term of imprisonment that is for a duration not authorized. N.C. Gen. Stat. § 15A-1444(a2) (2019). ¶4 In accordance with Anders, we have fully examined the record to determine whether any issues of arguable merit appear therefrom. The record shows that Defendant was awarded a mitigating factor as part of the plea agreement for “accept[ing] responsibility for his criminal conduct” and was properly sentenced in the mitigated range for each offense. Further, the trial court correctly found Defendant to be a prior Level V offender for sentencing. Accordingly, we conclude that there was no reversible error and affirm the judgments entered. AFFIRMED. Judges GRIFFIN and JACKSON concur. STATE V. GREEN 2021-NCCOA-417 Opinion of the Court Report per Rule 30(e).
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