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2011-MO-020 - Melton 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

Larry Melton, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Chesterfield County
Edward B. Cottingham, Circuit Court Judge
Paul M. Burch, Post-Conviction Relief Judge


Memorandum Op. No. 2011-MO-020
Submitted July 20, 2011 – Filed July 25, 2011  


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, of the South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

Attorney General Alan B. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, 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).

The petition is denied as to petitioner’s Question II.  However, 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 on petitioner's Question I 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. Turner, 373 S.C. 121, 644 S.E.2d 693 (2007); Rule 203(d)(1)(B)(iv), SCACR.

AFFIRMED.

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