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2006-UP-021 - Sharpe 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 Court of Appeals

Steven D. Sharpe, Petitioner

v.

State of South Carolina, Respondent


Appeal From Richland County
Thomas W. Cooper, Jr., Plea Judge
 B. Hicks Harwell, Jr.,  PCR Judge


Unpublished Opinion No.  2006-UP-021
Submitted December 1, 2005 – Filed January 12, 2006


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Lakesha Jeffries, 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).

After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Sharpe’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.[1]

GOOLSBY, ANDERSON, and SHORT, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.