Keith Briggs v. State of South Carolina ( 2009 )


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  • 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 Court of Appeals

    Keith Briggs, Petitioner,

    v.

    State of South Carolina, Respondent.


    Appeal From Clarendon County
    John C. Hayes, III, Plea Judge
    George C. James Jr., Post-Conviction Relief Judge


    Unpublished Opinion No. 2009-UP-591
    Submitted December 1, 2009 – Filed December 14, 2009   


    APPEAL DISMISSED


    Appellate Defender Robert M. Pachak, of Columbia, for Petitioner.

    Assistant Attorney General Lance S. Boozer, of Columbia, for Respondent.

    PER CURIAM:  Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR). 

    Because evidence supports 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) and White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).

    After a thorough review of the record and both briefs, pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Petitioner's appeal and grant counsel's motion to be relieved.[1]

    APPEAL DISMISSED.

    SHORT, THOMAS, and KONDORUS, JJ., concur.


    [1] We decide this case without oral argument pursuant to Rule 215, SCACR.

Document Info

Docket Number: 2009-UP-591

Filed Date: 12/15/2009

Precedential Status: Non-Precedential

Modified Date: 10/22/2024