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Furtick v. State

STATE OF SOUTH CAROLINA In The Supreme Court
Nov 7, 2012
Appellate Case No. 2010-170030 (S.C. Nov. 7, 2012)

Opinion

Appellate Case No. 2010-170030 Unpublished Opinion No. 2012-MO-045

11-07-2012

Frank Furtick, Jr., Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, 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 Brian T. Petrano, all of Columbia, for Respondent.


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.


Appeal From Richland County

L. Casey Manning, Post-Conviction Relief Judge

G. Thomas Cooper., Jr., Trial Judge


AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, 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 Brian T. Petrano, all

of Columbia, for Respondent.
PER CURIAM : Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR). 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 issues pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986). Petitioner's convictions and sentences are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: Issue I: Davis v. United States, 512 U.S. 452 (1994); Edwards v. Arizona, 451 U.S. 477 (1981); State v. Wannamaker, 346 S.C. 495, 552 S.E.2d 284 (2001); Issue II: State v. Weston, 367 S.C. 279, 625 S.E.2d 641 (2006); State v. Simmons, 360 S.C. 33, 599 S.E.2d 448 (2004), cert. denied, 543 U.S. 1124 (2005); State v. Bennett, 328 S.C. 251, 493 S.E.2d 845 (1997); S.C. Code Ann. § 16-11-330(A) (2003).

AFFIRMED.

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


Summaries of

Furtick v. State

STATE OF SOUTH CAROLINA In The Supreme Court
Nov 7, 2012
Appellate Case No. 2010-170030 (S.C. Nov. 7, 2012)
Case details for

Furtick v. State

Case Details

Full title:Frank Furtick, Jr., Petitioner, v. State of South Carolina, Respondent.

Court:STATE OF SOUTH CAROLINA In The Supreme Court

Date published: Nov 7, 2012

Citations

Appellate Case No. 2010-170030 (S.C. Nov. 7, 2012)