Oliphant 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Anthony Oliphant, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Aiken County

James R. Barber, III, Trial Judge

 Doyet A. Early, III, Post-Conviction
Relief Judge

Unpublished Opinion No. 2008-UP-275

Submitted April 1, 2008 – Filed May 22,
2008   

APPEAL DISMISSED

Deputy Chief Attorney Wanda H. Carter, of Columbia for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General, John W. McIntosh, Assistant Deputy Attorney General, Salley W.
Elliott, Assistant Attorney General Ashley McMahan, all of Columbia, for
Respondent.

PER CURIAM: Petitioner
seeks a writ of certiorari from the denial of his application for
post-conviction relief (PCR).  The State does not object to the PCR judge’s
finding that petitioner did not knowingly and intelligently waive his right to
a direct appeal.  Accordingly, we grant the petition for a writ of 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).

Petitioner’s appeal is dismissed,[1] after consideration of his counsel’s brief and review pursuant to Anders v.
California, 386 U.S. 738 (1967).  Counsel’s motion to be relieved is
granted.

APPEAL DISMISSED.

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.

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