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2005-MO-004 - Carter 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

Stanley B. Carter,        Petitioner,

v.

State of South Carolina,            Respondent.


ON WRIT OF CERTIORARI


Appeal From Greenwood County
Wyatt T. Saunders, Trial Judge
James W. Johnson, Jr., Post-Conviction Relief Judge


Memorandum Opinion No. 2005-MO-004
Submitted January 11, 2005 – Filed January 24, 2005


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, Assistant Attorney General Christopher L. Newton, 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 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.

DISMISSED.

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