Bradley v. State

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Jerome Bradley, Jr., Petitioner,

v.

State of South Carolina, Respondent.

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ON WRIT OF CERTIORARI

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Appeal From Pickens County
Henry F. Floyd, Trial Judge
James E. Brogdon, Jr., Post-Conviction Relief Judge

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Memorandum Opinion No. 2004-MO-005
Submitted January 21, 2004 - Filed February 4, 2004

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AFFIRMED

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Assistant Appellate Defender Tara S. Taggart, S.C. Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General Christopher L. Newton, all of Columbia, for Respondent.

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PER CURIAM:  Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).  The petition is denied on petitioner’s Question 2.

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 1 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).

Petitioner’s conviction and sentence are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. McHoney, 344 S.C. 85, 544 S.E.2d 30 (2001).

AFFIRMED.

s/Jean H. Toal                                      C.J. s/James E. Moore                               J. s/E. C. Burnett, III                                  J. s/Costa M. Pleicones                           J. Justice John H. Waller, Jr., not participating.