Bryant v. State ( 2012 )

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.
THE STATE OF SOUTH CAROLINA
In The Supreme Court
Curtis Bryant, Petitioner,
v.
State of South Carolina, Respondent.
Appellate Case No. 2011-188054
Appeal From Dorchester County
Diane S. Goodstein, Trial Judge
Edgar W. Dickson, Post-Conviction Relief Judge
Memorandum Opinion No. 2012-MO-034
Submitted August 22, 2012 – Filed August 29, 2012
APPEAL DISMISSED
Appellate Defender Robert M. Pachak, of the South
Carolina Commission on Indigent Defense, Division of
Appellate Defense, of Columbia, for Petitioner.
Attorney General Alan Wilson, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney
General Salley W. Elliott, and Assistant Attorney
General Mary Shannon Williams, all 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 as to Question I of the petition, 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). We deny the petition for a writ of certiorari as to
petitioner's Question II.
Counsel for petitioner has filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), and a petition to be relieved as counsel. Petitioner has filed a pro se
response. After a thorough review of the record pursuant to Anders, supra, we
dismiss the appeal and grant the petition to be relieved as counsel.
DISMISSED.
TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ.,
concur.