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2008-MO-039 - Scott 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

Terrance O. Scott, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Horry County
Edward B. Cottingham, Circuit Court Judge
 Paula H. Thomas, Post-Conviction Relief Judge


Memorandum Opinion No.  2008-MO-039
Submitted September 17, 2008 – Filed September 22, 2008


APPEAL DISMISSED


Appellate Defender Katherine H. Hudgins, of the South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliot, and Assistant Attorney General Christina J. Catoe, all of the Office of the Attorney General, of Columbia, for Respondent.


PER CURIAM:  In this post-conviction relief (PCR) matter, petitioner seeks a writ of certiorari to review the portion of the PCR judge’s order finding he is entitled to a belated review of his direct appeal issues.

Because there is sufficient evidence to support the PCR judge’s ruling that petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant the petition for a writ of 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).

Counsel for petitioner has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and a petition to be relieved as counsel.  Petitioner has not filed a pro se response.  After a thorough review of the record pursuant to Anders, we dismiss the appeal and grant the petition to be relieved as counsel.

DISMISSED.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.