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2010-UP-185 - Dublin 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

Charles D. Dublin, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Orangeburg County
L. Casey Manning, Trial Judge
James C. Williams, Jr., First Post-Conviction Relief Judge
R. Ferrell Cothran, Jr., Second Post-Conviction Relief Judge


Unpublished Opinion No. 2010-UP-185
Submitted March 1, 2010 – Filed March 2, 2010   


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 Lance 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).  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 counsel's brief and review pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991).  Counsel's motion to be relieved is granted.

APPEAL DISMISSED.

PIEPER and GEATHERS, JJ., and CURETON, A.J., concur.


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