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2008-UP-264 - Boyd 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


Tampa Israel Boyd, Petitioner

v.

State of South Carolina, Respondent


Appeal From Williamsburg County
Larry R. Patterson, Trial Judge
 Wyatt T. Saunders, Jr., PCR Judge


Unpublished Opinion No. 2008-UP-264
Submitted April 1, 2008 – Filed May 16, 2008   


APPEAL DISMISSED


Appellate Defender Wanda H. Carter, of Columbia, for Petitioner.

Attorney General Henry McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney Julie M. Thames, all of Columbia, for Respondent.

PER CURIAM:  Petitioner seeks a writ of certiorari from the denial of her application for post-conviction relief (PCR).

Because the State did not challenge the PCR’s judge’s finding the Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant 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).

After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss[1] Petitioner’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

Huff, Kittredge, and Williams, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.