Folks 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Leon Folks, Petitioner

v.

State of South Carolina, Respondent

ON WRIT OF CERTIORARI

Appeal From Aiken County
James C. Williams, Jr., Trial Judge
 Doyet A. Early, III, Post-Conviction Relief Judge

Unpublished Opinion No. 2008-UP-266
Submitted April 1, 2008 Filed May 16, 2008   

APPEAL DISMISSED

Deputy Chief Attorney Wanda H. Carter, of Columbia; and Leon Folks, of Bennettsville; for Petitioner.

Assistant Attorney General Ashley McMahan, 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 concedes 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 counsel's brief and review pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel's motion to be relieved is granted.

APPEAL DISMISSED.

Huff, Kittredge and Williams, JJ., concur.

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