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2009-UP-308 - Bates 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 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In the Court of Appeals

Quinton Bates, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Aiken County
William P. Keesley, Plea Judge
 Doyet A. Early, III, Post-Conviction Relief Judge


Unpublished Opinion No. 2009-UP-308
Submitted June 1, 2009 –Filed June 11, 2009


APPEAL DISMISSED


Appellate Defender Elizabeth Franklin-Best, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Lance S. Boozer, 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 evidence supports the PCR judge's finding that 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) and White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).

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 Petitioner's appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.             

HUFF, PIEPER, and GEATHERS, JJ., concur.


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