Rion Beaty v. State

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

Rion Beaty, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2016-000492

Appeal From Beaufort County
J. Ernest Kinard, Jr., Plea Judge
Roger L. Couch, PCR Judge

Unpublished Opinion No. 2018-UP-041
Submitted January 1, 2018 – Filed January 31, 2018

APPEAL DISMISSED

Appellate Defender Lara Mary Caudy, of Columbia, for
Petitioner.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Ruston Wesley Neely, 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 court's finding that
Petitioner did not knowingly and intelligently waive his right to a direct appeal, we
grant certiorari on Petitioner's Question One 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 certiorari on Petitioner's Question Two.

This appeal is dismissed after review pursuant to Anders v. California, 386 U.S.
738 (1967). Counsel's motion to be relieved is granted.

APPEAL DISMISSED.1

SHORT, KONDUROS, and GEATHERS, JJ., concur.

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