Hamilton 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

William Hamilton, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal from Florence County

James E. Lockemy, Circuit Court Judge

J. Michael Baxley, Post-Conviction Relief Judge

Unpublished Opinion No. 2008-UP-263

Submitted April 1, 2008 – Filed May 16, 2008

APPEAL DISMISSED

Deputy Chief Attorney Wanda H. Carter,

of Columbia, and William Hamilton, of Ridgeland, for Petitioner.

Attorney
General Henry D. McMaster, Chief Deputy Attorney John W. McIntosh, Assistant
Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Sabrina
Todd, 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 is
entitled to a belated appeal, 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, after consideration of Petitioner’s pro se 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.