State v. Mayfield, 9410SC120

Docket NºNo. 9410SC120
Citation115 N.C.App. 725, 446 S.E.2d 150
Case DateAugust 02, 1994
CourtCourt of Appeal of North Carolina (US)

Page 150

446 S.E.2d 150
115 N.C.App. 725
STATE of North Carolina
Cory Grant MAYFIELD, Defendant.
No. 9410SC120.
Court of Appeals of North Carolina.
Aug. 2, 1994.

Atty. Gen. Michael F. Easley, by Asst. Atty. Gen., Mary Jill Ledford, Raleigh, for the State.

John T. Hall, Raleigh, for defendant-appellant.

GREENE, Judge.

Defendant's appeal involves three cases. On 28 July 1992 defendant entered a plea of no contest to the offense of breaking and entering in Wilson County Case No. 91 CRS 9541. Defendant was sentenced to ten years imprisonment, suspended, and five years supervised probation. Probation was transferred to Wake County and was assigned Wake County Case No. 92 CRS 92670. In Wake County Case No. 91 CRS 74187, defendant entered a plea of guilty to the offense of possession of stolen property. On 19 August 1992, pursuant to a plea arrangement, defendant was sentenced to five years imprisonment, suspended, with three years supervised probation.

[115 N.C.App. 726] On 17 December 1992 defendant entered a plea of guilty to breaking and entering and larceny in Wake County Case No. 92 CRS 76921 and was sentenced to five years imprisonment pursuant to a plea arrangement. At the time of the third sentencing on 18 December 1992, the probationary sentences in the two earlier cases were revoked. Defendant was ordered to begin serving his sentences on 28 December 1992. On 23 December 1992 defendant gave notice of appeal from the conviction in Case No. 92 CRS 76921, and the revocation of probation in Case Nos. 92 CRS 92670 and 91 CRS 74187.

Counsel for defendant filed a brief with this Court stating that he was "unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal ... [and requesting this Court] to review the record and to conduct a full examination for prejudicial error and to grant the appropriate relief, if any, to which the defendant may be entitled." In the brief the attorney acknowledged that he had not sent to the defendant "a copy of the transcript of the hearing, a copy of the Brief or notice to the defendant that he is entitled to submit a brief." Counsel for defendant states that he has made reasonable efforts to locate the defendant and has been unable to do so. Specifically, he states in his brief that there is currently an outstanding warrant for defendant's arrest issued upon his failure to report for the beginning of his sentence on 28 December 1992; mail sent to defendant's...

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6 cases
  • State v. Bailey, COA22-196
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • December 6, 2022
    ...Rule 28); State v. Essary, 274 N.C.App. 510, 850 S.E.2d 621 (2020) (unpublished) (suspending Rule 10). [4] See, e.g., State v. Mayfield, 115 N.C.App. 725, 726-27, 446 S.E.2d 150, 151-52 (1994); State v. Brooks, 2022-NCCOA-145, ¶ 1 (unpublished); State v. Wilder, 271 N.C.App. 805, 842 S.E.2d......
  • In re May, COA01-1544.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • October 1, 2002
    ...Anders, the defendant is entitled to all documents "necessary" for her to conduct her own review of the case. State v. Mayfield, 115 N.C.App. 725, 726, 446 S.E.2d 150, 152 (1994) (citing State v. Bennett, 102 N.C.App. 797, 800, 404 S.E.2d 4, 5 (1991)). The documents deemed "necessary" for t......
  • In re Harrison, No. COA99-834.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • March 7, 2000
    ...believes that his client's appeal is without merit is permitted to file what has become known as an Anders brief." State v. Mayfield, 115 N.C.App. 725, 726, 446 S.E.2d 150, 152 (1994)(emphasis added). However, this jurisdiction has not extended the procedures and protections afforded in And......
  • State v. Kalaher, Case No. 20090412-CA
    • United States
    • Court of Appeals of Utah
    • April 1, 2010
    ...that he made a diligent effort to locate Kalaher in order to comply with his obligations under Anders. See e.g., State v. Mayfield, 446 S.E.2d 150, 152 (N.C. Ct. App. 1994) ("[d]elivery of the necessary documents to the defendant is not required if the defendant's attorney has, after a dili......
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