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2008-UP-265 - Husk 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

Johnny R. Husk, Petitioner

v.

State of South Carolina, Respondent


ON WRIT OF CERTIORARI


Appeal From Aiken County
Reginald L. Lloyd, Trial Judge
 Doyet A. Early, III, Post-Conviction Relief Judge


Unpublished Opinion No. 2008-UP-265
Submitted April 1, 2008 – Filed May 16, 2008  


APPEAL DISMISSED


Deputy Chief Attorney Wanda H. Carter, of Columbia; Johnny R. Husk, of Ridgeland; for Petitioner.

Assistant Attorney General Ashley McMahan, of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).  The State does not object to the PCR judge’s finding that petitioner did not knowingly and intelligently waive his right to a direct appeal.  Accordingly, 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,[1] after consideration of his pro se brief, counsel’s 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.


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