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2005-MO-007 - Manning 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

Treadway Manning, Jr.,        Petitioner,

v.

State of South Carolina,        Respondent.


ON WRIT OF CERTIORARI


Appeal From Dillon County
John Breeden, Trial Judge
James E. Lockemy, Post-Conviction Relief Judge


Memorandum Opinion No. 2005-MO-007
Submitted February 2, 2005 – Filed February 22, 2005


DISMISSED


Senior Assistant Appellate Defender Wanda Haile, of S.C. Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Sally Elliott, and Assistant Attorney General Christopher 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).

The petition is denied on petitioner’s Question II.  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 on petitioner’s Question I and proceed with a review of the direct appeal issues pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

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

DISMISSED.

s/Jean H. Toal                                     C.J.                   s/James E. Moore                                  J.
s/John H. Waller, Jr.                         
      J.
s/E. C. Burnett, III                              
      J.
s/Costa M. Pleicones                      
      J.