Opinion
2014-MO-033
08-13-2014
Mason Johnson, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2012-213721
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, Assistant Attorney General J. Rutledge Johnson, both of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted August 6, 2014
Appeal From York County The Honorable Lee S. Alford, Trial Judge The Honorable John C. Hayes, III, Post-Conviction Relief Judge
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, Assistant Attorney General J. Rutledge Johnson, both 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).
We deny the petition as to petitioner's Question II. However, 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 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 convictions and sentences are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Sinclair, 275 S.C. 608, 274 S.E.2d 411 (1981) (where appellant's objection was sustained and he sought no further relief, this Court has no issue to decide); State v. Beck, 342 S.C. 129, 536 S.E.2d 679 (2000); State v. Jennings, 394 S.C. 473, 716 S.E.2d 91 (2011).
AFFIRMED.
TOAL, C.J, PLEICONES, BEATTY, KITTREDGE and HEARN, JJ, concur