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2009-UP-591 - Keith Briggs v. State of South Carolina

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

Keith Briggs, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Clarendon County
John C. Hayes, III, Plea Judge
George C. James Jr., Post-Conviction Relief Judge


Unpublished Opinion No. 2009-UP-591
Submitted December 1, 2009 – Filed December 14, 2009   


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, of Columbia, for Petitioner.

Assistant Attorney General Lance S. Boozer, 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 both briefs, 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.

SHORT, THOMAS, and KONDORUS, JJ., concur.


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