in the Court of Appeals 17 October 2018.
by defendant from judgment entered 6 September 2017 by Judge
Michael D. Duncan in Guilford County, No. 17CRS074729Superior
Attorney General Joshua H. Stein, by Associate Attorney
General Cara Byrne, for the State.
D. Hynson for defendant-appellant.
September 6, 2017, Michael Tyrone Mayo, Jr.
("Defendant") pleaded guilty to felony fleeing to
elude arrest. Defendant was sentenced to an active term of
seven to eighteen months in prison. On September 14, 2017,
Defendant filed a written notice of appeal. Defendant filed a
petition for writ of certiorari on May 2, 2018, seeking
appellate review on the entry of a civil judgment against him
for attorney's fees, and review pursuant to Anders v.
California, 386 U.S. 738 (1967) and State v.
Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985). We grant
Defendant's petition for writ of certiorari, remand for
hearing on the issue of attorney's fees, and dismiss the
remainder of Defendant's appeal.
and Procedural Background
26, 2017, Defendant was indicted for fleeing to elude arrest
by motor vehicle and for resisting a public officer.
Defendant pleaded guilty to felony fleeing to elude arrest on
September 6, 2017. As part of the plea arrangement, other
charges were dismissed. Defendant stipulated to a prior
record level of II, and he was sentenced to an active term of
seven to eighteen months imprisonment. He was also ordered to
pay court costs in the amount of $1, 572.50. Defendant filed
a notice of appeal on September 14, 2017.
2, 2018, Defendant filed a petition for writ of certiorari
alleging Defendant did not have proper notice and opportunity
to be heard on the amount of attorney's fees and costs.
In the same petition, Defendant argued in the alternative
that this Court conduct an independent review of the record
pursuant to Anders v. California and State v.
Kinch. Defendant's counsel also filed a brief with
this Court pursuant to Anders stating that he
"has carefully reviewed the transcript, the superior
court file, and relevant law," and was "unable to
identify an issue with sufficient merit to support a
meaningful argument for reversal of [Defendant]'s
defendant's right to appeal in a criminal proceeding is
purely a creation of state statute." State v.
Pimental, 153 N.C.App. 69, 72, 568 S.E.2d 867, 869
(2002). Section 15A-1444 of the North Carolina General
Statutes provides that
(a1) A defendant who has been found guilty, or entered a plea
of guilty or no contest to a felony, is entitled to appeal as
a matter of right the issue of whether his or her sentence is
supported by evidence introduced at the trial and sentencing
hearing only if the minimum sentence of imprisonment does not
fall within the presumptive range for the defendant's
prior record or conviction level and class of offense.
Otherwise, the defendant is not entitled to appeal this issue
as a matter of right but may petition the appellate division
for review of this issue by writ of certiorari.
(a2) A defendant who has entered a plea of guilty or no
contest to a felony or misdemeanor in superior court 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 under G.S. 15A-1340.14 or the
defendant's prior conviction ...