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2010-MO-032 - Harley 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 Supreme Court

Sterling Harley, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Dillon County
John M. Milling, Trial Judge
Alexander S. Macaulay, Post-Conviction Relief Judge


Memorandum Opinion No. 2010-MO-032
Submitted November 16, 2010 – Filed November 22, 2010  


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen Ratigan, all of the Office of the Attorney General, 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, dispense with further briefing, 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 conviction and sentence are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Fennel, 34 S.C. 266, 531 S.E.2d 512 (2000); State v. Atkins, 293 S.C. 294, 360 S.E.2d 302 (1987), overruled on other grounds, State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991). 

AFFIRMED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.