Opinion
2022-UP-389 Appellate Case 2019-001497
10-26-2022
Robert Jackson, Petitioner, v. State of South Carolina, Respondent.
Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Assistant Attorney General D. Russell Barlow, II, 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.
Submitted September 1, 2022
Appeal From Florence County William H. Seals, Jr., Circuit Court Judge
Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner.
Assistant Attorney General D. Russell Barlow, II, 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 his direct appeal issue pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).
Because there is sufficient evidence to support the PCR court's finding that Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on Petitioner's Question 1 and proceed with a review of the direct appeal issue pursuant to the procedure set forth in Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986). We deny certiorari on Petitioner's Question 2.
After careful review of Petitioner's brief and the record pursuant to Anders v. California, 386 U.S. 738 (1967), we dismiss Petitioner's direct appeal. Counsel's motion to be relieved is granted.
We decide this case without argument pursuant to Rule 215, SCACR.
GEATHERS, MCDONALD, and HILL, JJ., concur.