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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.

NO. COA08-878 NORTH CAROLINA COURT OF APPEALS Filed: 16 December 2008

STATE OF NORTH CAROLINA v. JAMES VIRGIL HARLOW Columbus County No. 07 CRS 50032

Appeal by Defendant from judgment entered 31 January 2008 by Judge Douglas B. Sasser in Columbus County Superior Court. in the Court of Appeals 8 December 2008. Attorney General Roy Cooper, by Assistant Attorney General Chris Z. Sinha, for the State. Glenn Gerding, for Defendant. ARROWOOD, Judge. James Virgil Harlow (Defendant) was convicted by a jury of taking indecent liberties with a child and was sentenced to 19 to 23 months active imprisonment. From the judgment entered, Heard

Court of Appeals Slip Opinion

Defendant appeals. Counsel appointed to represent defendant has been unable to identify any 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 error. Counsel

has also shown to the satisfaction of this Court that he has

-2complied with the requirements of Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, reh'g denied, 388 U.S. 294, 18 L. Ed. 2d 1377 (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 on his own behalf with this Court and a reasonable time in which he could have done so has passed. In accordance with Anders, we have fully

examined the record to determine whether any issues of arguable merit appear therefrom or whether the appeal is wholly frivolous. We conclude the appeal is wholly frivolous. Furthermore, we have

examined the record for possible prejudicial error and found none. No Error. Judges TYSON and BRYANT concur. Report per Rule 30(e).



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