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2007-UP-363 - Colbert 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

Patrick Colbert, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Pickens County
Edward W. Miller, Guilty Plea Judge
D. Garrison Hill, Post-Conviction Relief Judge


 Unpublished Opinion No. 2007-UP-363
Submitted  July 17, 2007 – Filed August 29, 2007


APPEAL DISMISSED


Deputy Chief Attorney Wanda H. Carter, of Columbia, Steven D. Sharpe, of McCormick, for Petitioner.

Attorney General Henry D. McMaster; Chief Deputy Attorney General John W. McIntosh; Assistant Deputy Attorney General Salley W. Elliott; Assistant Attorney General Karen Ratigan, of Columbia, for Respondent.

PER CURIAM:  This is a post-conviction relief (PCR) action in which the Petitioner seeks a writ of certiorari from the denial of his application for PCR.  The PCR judge granted Petitioner, pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974), a belated direct appeal of his guilty plea to first degree burglary.  The PCR judge otherwise found Petitioner’s allegations of ineffective assistance of counsel without merit and denied the petition.

We first address the belated direct review.  In this regard, Petitioner assigns error to the plea judge’s acceptance of his plea.  A review of the guilty plea proceeding refutes the position Petitioner advances on appeal.  Petitioner was advised of his rights, and he pled guilty freely and voluntarily.  We further find the record supports a factual basis for the acceptance of the plea.  Petitioner’s challenge to the State’s factual recitation of “other things leading up to that day as to why it happened” does not negate Petitioner’s acceptance of and admission to the commission of the indicted charge of burglary in the first degree.  (R.10).  We finally note the lack of any objection by Petitioner to the guilty plea proceeding.  We find no merit to Petitioner’s belated direct review and affirm.

The PCR judge otherwise denied relief.  We have reviewed the record in connection with Petitioner’s claims of a coerced guilty plea and ineffective assistance of counsel, and we find evidence to support the denial of PCR.  Accordingly, Petitioner’s application for a writ of certiorari from the denial of his petition is denied. 

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.