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2005-MO-002 - Osborne 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

Alfred Osborne,        Petitioner,

v.

State of South Carolina,        Respondent.


Appeal From Spartanburg County
Gary E. Clary, Trial Judge
J. Michael Baxley, Post-Conviction Relief Judge


Memorandum Opinion No. 2005-MO-002
Submitted December 31, 2004 – Filed January 24, 2005


AFFIRMED


Assistant Appellate Defender Robert  M. Pachak, of the 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 Douglas Leadbitter, 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 finding petitioner is entitled to a belated appeal pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).

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). 

The direct appeal issue is dismissed under Rule 220(b)(1), SCACR, after a review pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel’s motion to be relieved is granted.

AFFIRMED.

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