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2010-UP-186 - Garner 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

Dycippa Garner, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Orangeburg County
Edward B. Cottingham, Trial Judge
James C. Williams, Jr., Post-Conviction Relief Judge


Unpublished Opinion No. 2010-UP-186
Submitted March 1, 2010 – Filed March 3, 2010 


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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). 

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).  Regarding Petitioner's remaining PCR issues, the petition for certiorari is denied.    

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, THOMAS, and KONDUROS, JJ., concur.


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