Opinion
2015-MO-017
04-15-2015
Michael Wayne Henderson, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2014-001254
Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Karen Christine Ratigan, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted March 30, 2015
Appeal From Greenville County The Honorable D. Garrison Hill, Circuit Court Judge, Lower Court Case No. 2012-CP-23-002777
Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner.
Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Karen Christine Ratigan, of Columbia, for Respondent.
PER CURIAM
Petitioner seeks a writ of certiorari from an order of the circuit court denying his application for post-conviction relief (PCR), but finding he was entitled to a belated review of any direct appeal issues pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).
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 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).
We dismiss this matter pursuant to Rule 220(b)(1), SCACR, after consideration of petitioner's pro se brief and careful 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