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Williams v. State

Court of Appeals of South Carolina
Oct 19, 2022
No. 2022-UP-384 (S.C. Ct. App. Oct. 19, 2022)

Opinion

2022-UP-384 Appellate 2019-001608

10-19-2022

James Williams, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Jessica M. Saxon, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Lillian Loch Meadows, 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 Lexington County Grace Gilchrist Knie, Plea Judge Walton J. McLeod, IV, Post-Conviction Relief Judge

Appellate Defender Jessica M. Saxon, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General Lillian Loch Meadows, of Columbia, for Respondent.

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 on Petitioner's Question One 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). We deny certiorari on Petitioner's Question Two.

On direct appeal, Petitioner argues the plea court erred in failing to allow him to address the court prior to the imposition of his sentence. Because Petitioner did not object at the plea hearing, we affirm pursuant to Rule 220(b), SCACR, and the following authority: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693 (2003) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the [plea court]."); id. at 142, 587 S.E.2d at 693-94 ("Issues not raised and ruled upon in the [plea] court will not be considered on appeal.").

AFFIRMED.

We decide this case without argument pursuant to Rule 215, SCACR.

KONDUROS, HEWITT, and VINSON, JJ., concur.


Summaries of

Williams v. State

Court of Appeals of South Carolina
Oct 19, 2022
No. 2022-UP-384 (S.C. Ct. App. Oct. 19, 2022)
Case details for

Williams v. State

Case Details

Full title:James Williams, Petitioner, v. State of South Carolina, Respondent.

Court:Court of Appeals of South Carolina

Date published: Oct 19, 2022

Citations

No. 2022-UP-384 (S.C. Ct. App. Oct. 19, 2022)