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2008-MO-007 - 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 Supreme Court

Rashaun Colbert, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Horry County
 Paula H. Thomas, Circuit Court Judge


Memorandum Op. No. 2008-MO-007
Submitted January 23, 2008 – Filed January 28, 2008 


AFFIRMED


Deputy Chief Attorney Wanda H. Carter, South Carolina Commission on Indigent Defense, Division 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 Daniel E. Grigg, all of the Office of the Attorney General, 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 on petitioner’s Question I 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).  We deny the petition for a writ of certiorari as to petitioner’s Question II. 

Petitioner’s conviction and sentence are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Pittman, 373 S.C. 527, 647 S.E.2d 144 (2007); State v. Knoten, 347 S.C. 296, 555 S.E.2d 391 (2001).

AFFIRMED.

TOAL, C.J., MOORE, WALLER, PLEICONES, BEATTY, JJ., concur.