Opinion
2012-MO-033
08-15-2012
Devon Leon Houston, Petitioner, v. State of South Carolina, Respondent.
Appellate Defender Robert M. Pachak, of the 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.
Unpublished Opinion
Submitted August 9, 2012
Appellate Case No. 2011-189046 Appeal From Greenville County C. Victor Pyle, Jr., Trial Judge Robin B. Stilwell, Post-Conviction Relief Judge
Appellate Defender Robert M. Pachak, of the 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.
MEMORANDUM OPINION
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, 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).
Counsel for petitioner has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and a petition to be relieved as counsel. Petitioner has not filed a pro se response. After a thorough review of the record pursuant to Anders, supra, we dismiss the appeal and grant the petition to be relieved as counsel.
DISMISSED.
TOAL, C. J, PLEICONES, BEATTY, KITTREDGE and HEARN, JJ, concur