Spagnoli v. State ( 2018 )

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
Steven Spagnoli, Petitioner,
v.
State of South Carolina, Respondent.
Appellate Case No. 2016-000961
Lower Court Case No. 2013-CP-46-01662
Appeal From York County
The Honorable John C. Hayes, III, Trial Judge
The Honorable Daniel Dewitt Hall, Post-Conviction
Relief Judge
Memorandum Opinion No. 2018-MO-014
Submitted March 7, 2018 – Filed April 4, 2018
DISMISSED
Appellate Defender Lara Mary Caudy, of Columbia, for
Petitioner.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Justin James Hunter, both 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 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 dismiss this matter pursuant to Rule 220(b)(1), SCACR, after review pursuant
to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to be relieved is
granted.
DISMISSED.
BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.