Opinion
2015-MO-056
09-30-2015
Arthur R. Ladia, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2014-001426
Appellate Defender John Harrison Strom, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General John Walter Whitmire, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted September 3, 2015
Appeal From Lexington County D. Craig Brown, Plea Judge William P. Keesley, Post-Conviction Relief Judge
Appellate Defender John Harrison Strom, of Columbia, for Petitioner.
Attorney General Alan Wilson and Assistant Attorney General John Walter Whitmire, of Columbia, for Respondent.
PER CURIAM:
Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).
The petition is denied on petitioner's Question II. 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, dispense with further briefing, and proceed with a belated appellate review pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).
After review pursuant to Anders v. California, 386 U.S. 738 (1967), we have found no meritorious issues preserved for appellate review. However, due to the unique circumstances of this case, we issue a common law writ of certiorari to amend petitioner's sentence for second degree burglary to two years. Boan v. State, 388 S.C. 272, 695 S.E.2d 850 (2010) (a defendant's due process rights are violated when effect is given to an unambiguous sentencing sheet over an unambiguous plea colloquy).
WRIT OF CERTIORARI ISSUED.
TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ, concur