Lawlis 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 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In the Court of Appeals

Robert E. Lawlis, Petitioner,

v.

State of South Carolina, Respondent.

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Appeal From Dorchester County
Steven H. John, Trial Judge
James C. Williams, Jr., Post-Conviction Relief Judge

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Unpublished Opinion No. 2009-UP-301
Submitted May 1, 2009 – Filed June 10, 2009

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APPEAL DISMISSED

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Appellate Defender Eleanor Duffy Cleary, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Lance S. Boozer, 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 on petitioner's Question I 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. 

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 Petitioner’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HEARN, C.J., THOMAS, and KONDUROS, JJ., concur.

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