Walker 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

Dontrell Walker, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Sumter County
Clifton B. Newman, Trial Judge
 Howard P. King, Post-Conviction Relief Judge

Unpublished Opinion No. 2008-UP-270
Submitted April 1, 2008 Filed May 19, 2008   

APPEAL DISMISSED

Deputy Chief Attorney 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, 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).  Counsel's motion to be relieved is granted.

APPEAL DISMISSED.

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.

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