Rodriguez v. State
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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 Nicanor Perez Rodriguez, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2011-198031 Appeal From Greenville County John C. Few, Trial Judge G. Edward Welmaker, Post-Conviction Relief Judge Memorandum Opinion No. 2013-MO-023 Submitted August 7, 2013 Filed August 14, 2013 DISMISSED Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen Christine Ratigan, 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 is denied on petitioner's Question II. 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, dispense with further briefing, 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 direct appeal issue is dismissed pursuant to Rule 220(b)(1), SCACR, after 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.
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