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2004-MO-063 - Brownlee v. State

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Sammy Brownlee, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Abbeville County
 Larry R. Patterson, Plea Judge
James W. Johnson, Post-Conviction Judge


Memorandum Opinion No. 2004-MO-063
Submitted October 26, 2004 – Filed November 8, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of the South Carolina Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Molly R. Crum, all of Columbia, for Respondent.


PER CURIAM:  Petitioner seeks a writ of certiorari from an order of the circuit court denying his application for post-conviction relief (PCR) and granting him a belated direct appeal pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974). 

We deny the petition as to Question 2, but grant the petition for a writ of certiorari as to Question 1 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 counsel has submitted a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 49(1967) and a petition to be relieved as counsel.  Petitioner has filed a pro se brief.

After careful consideration of the entire record as required by Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), the direct appeal is dismissed pursuant to Rule 220(b)(1), SCACR.  The petition to be relieved as counsel is granted.

DISMISSED.

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