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
Calvin Pace, Petitioner,
State of South Carolina, Respondent.
ON WRIT OF CERTIORARI
Appeal From Edgefield County
Diane Schafer Goodstein, Post-Conviction Relief Judge
Memorandum Opinion No. 2008-MO-045
Submitted November 6, 2008 – Filed November 10, 2008
Appellate Defender M. Celia Robinson, 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: In this post-conviction relief (PCR) matter, petitioner seeks a writ of certiorari to review the PCR judge’s order dismissing his PCR application and finding he is entitled to a belated review of his direct appeal issues.
The petition is denied as to petitioner’s Question II. However, 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 as to petitioner’s Question I, dispense with further briefing, 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.
TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.