Dimas v. State ( 2009 )

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In the Court of Appeals

Francisco Dimas, Petitioner,

v.

State of South Carolina, Respondent.

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ON WRIT OF CERTIORARI

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Appeal from Spartanburg County
J. Derham Cole, Trial Judge
Doyet A. Early, III, Post-Conviction Relief Judge

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Unpublished Opinion No. 2009-UP-098
Submitted February 2, 2009 – Filed February 24, 2009

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APPEAL DISMISSED

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Appellate Defender Eleanor Duffy Cleary, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Prentiss Counts, 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 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 a thorough review of the record and counsel's brief, 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[1] Petitioner's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., PIEPER and LOCKEMY, JJ., concur.

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