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2004-MO-004 - Bryant v. State

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Jody Bryant,        Petitioner,

v.

State of South Carolina,        Respondent.


ON WRIT OF CERTIORARI


Appeal From Orangeburg County
Luke N. Brown, Trial Judge
Diane Schafer Goodstein, Post-Conviction Relief Judge


Memorandum Opinion No. 2004-MO-004
Submitted January 9, 2004 – Filed January 27, 2004


DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, of S.C. Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General Elizabeth McMahon, all of Columbia, for Respondent.


PER CURIAM:  Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).

Because there is sufficient evidence to support the PCR judge’s finding that petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant the petition for a writ of certiorari and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

Petitioner’s appeal is dismissed, after consideration of petitioner’s pro se brief and review pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel’s motion to be relieved is granted.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.