Opinion
2018-UP-028
01-17-2018
Joshua Monroe, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2015-002434
Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Assistant Attorney General Ruston Wesley Neely, 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 January 1, 2018
Appeal From Charleston County J. C. Nicholson, Jr., Plea Judge Roger M. Young, Sr., Plea Judge Larry B. Hyman, Post-Conviction Relief Judge
Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner.
Assistant Attorney General Ruston Wesley Neely, of Columbia, for Respondent.
PER CURIAM
Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR). Evidence supports the PCR court's dismissal of Petitioner's claim of ineffective assistance of counsel. Accordingly, we deny certiorari on this issue. See Speaks v. State, 377 S.C. 396, 399, 660 S.E.2d 512, 514 (2008) ("On appeal, the PCR court's ruling should be upheld if it is supported by any evidence of probative value in the record.").
Because evidence supports the PCR court's finding Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on this issue, 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).
After consideration of Appellant's pro se brief and review 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 oral argument pursuant to Rule 215, SCACR.
WILLIAMS, THOMAS, and MCDONALD, JJ., concur.