White 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

Alonzo White, Petitioner,

v.

State of South Carolina, Respondent.

          ON WRIT OF CERTIORARI

Appeal From Sumter County
John C. Hayes, Trial Judge
George C. James, Jr., Post-Conviction Relief Judge

Memorandum Opinion No.    2010-MO-021
Submitted August 18, 2010 Filed August 23, 2010 

DISMISSED

Appellate Defender Lanelle Cantey Durant, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, 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 Mary S. Williams, 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 petition for a writ of certiorari is denied as to petitioner's Question 2.  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 the petition for a writ of certiorari on petitioner's Question 1, dispense with further briefing, and proceed with a review of the direct appeal issues pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

We dismiss petitioner's direct appeal under Rule 220(b)(1), SCACR, after consideration of appellant's pro se brief and review pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel's motion to be relieved is granted.

DISMISSED.

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