State v. Harris ( 2014 )

An unpublished opinion of the North Carolina Court of Appeals does not constitute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. COA14-430
NORTH CAROLINA COURT OF APPEALS
Filed: 7 October 2014
STATE OF NORTH CAROLINA
v. Guilford County
No. 12 CRS 98056
COUREY LAMAR HARRIS
Appeal by defendant from judgment entered 12 September 2013
by Judge R. Stuart Albright in Guilford County Superior Court.
Heard in the Court of Appeals 25 August 2014.
Attorney General Roy Cooper, by Special Deputy Attorney
General David P. Brenskelle, for the State.
Leslie C. Rawls, for defendant-appellant.
CALABRIA, Judge.
Courey Lamar Harris (“defendant”) appeals a judgment
entered upon a jury verdict finding him guilty of assault with a
deadly weapon inflicting serious injury (“AWDWISI”). We find no
error.
On 16 December 2012, defendant and Curtonio Marshall
(“Marshall”) fought in Marshall’s yard. The fight became
physical, and Marshall eventually realized that defendant
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possessed a pocketknife. Marshall grabbed defendant in a “bear
hug” and pulled him to the ground, where they struggled over the
knife. Marshall’s neighbor saw the men on the ground and called
law enforcement. The fight ended and defendant left the scene
before law enforcement arrived. Marshall was transported to the
hospital and treated for wounds he sustained to his hand, neck,
and back. The wound on his hand required surgical treatment.
Defendant was subsequently arrested and charged with
assault with a deadly weapon with intent to kill inflicting
serious injury. At trial, defendant testified that he carried a
knife at all times for his work as an electrician. Defendant
also testified that Marshall picked him up and slammed him down,
pinning him to the ground, and that he stabbed Marshall with his
work knife in self-defense.
The jury returned a verdict finding defendant guilty of the
lesser included offense of AWDWISI. The trial court ordered
restitution of $30,980.91 for Marshall’s medical expenses, and
sentenced defendant to a minimum of 33 months to a maximum of 52
months in the custody of the Division of Adult Correction.
Defendant appeals.
The appellate counsel appointed to represent defendant has
been unable to identify any issue with sufficient merit to
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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 shown to the satisfaction of
this Court that she 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 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 for him to do so
has passed. In accordance with Anders, we have fully examined
the record and find no error or issues of arguable merit.
Accordingly, we conclude the appeal is frivolous, and find no
error.
No error.
Judges GEER and McCULLOUGH concur.
Report per Rule 30(e).