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2009-UP-309 - McCrea 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

Michael T. McCrea, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Georgetown County
Larry R. Patterson, Trial Judge
 Steven H. John, Post-Conviction Relief Judge


Unpublished Opinion No. 2009-UP-309
Submitted June 1, 2009 – Filed June 11, 2009


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, 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 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, PIEPER, and GEATHERS, JJ., concur.


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