Brown 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

Samuel Brown, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2016-001477

Appeal From Charleston County
J.C. Nicholson, Jr., Trial Judge
Doyet A. Early, III, Post-Conviction Relief Judge

Unpublished Opinion No. 2018-UP-245
Submitted April 1, 2018 – Filed June 13, 2018

APPEAL DISMISSED

Appellate Defender LaNelle Cantey DuRant, of
Columbia, and Samuel Brown, Jr., pro se, for Petitioner.

Attorney General Alan Wilson and Senior Assistant
Deputy Attorney General Megan Harrigan Jameson, both
of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his
application for post-conviction relief (PCR).
Evidence supports the PCR court's dismissal of Petitioner's claim of ineffective
assistance of counsel. Accordingly, we deny certiorari on this issue. See Speaks v.
State, 377 S.C. 396, 399, 660 S.E.2d 512, 514 (2008) ("On appeal, the PCR court's
ruling should be upheld if it is supported by any evidence of probative value in the
record.").

Because evidence supports the PCR court's finding that Petitioner did not
knowingly and intelligently waive his right to a direct appeal, we grant certiorari
on this issue and proceed with a review of Petitioner's direct appeal issues pursuant
to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

After consideration of Appellant's pro se brief and review pursuant to Anders v.
California, 386 U.S. 738 (1967), we dismiss Petitioner's direct appeal. Counsel's
motion to be relieved is granted.

APPEAL DISMISSED.1

SHORT, THOMAS, and HILL, JJ., concur.

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