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2008-UP-263 - Hamilton 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

William Hamilton, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal from Florence County
James E. Lockemy, Circuit Court Judge
J. Michael Baxley, Post-Conviction Relief Judge


Unpublished Opinion No. 2008-UP-263
Submitted April 1, 2008 – Filed May 16, 2008


APPEAL DISMISSED


Deputy Chief Attorney Wanda H. Carter,

of Columbia, and William Hamilton, of Ridgeland, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Sabrina Todd, 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 is entitled to a belated 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). 

Petitioner’s appeal is dismissed, after consideration of Petitioner’s pro se brief and review pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel’s motion to be relieved is granted. 

APPEAL DISMISSED

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.