Boyd 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

Tampa Israel Boyd, Petitioner

v.

State of South Carolina, Respondent

Appeal From Williamsburg County

Larry R. Patterson, Trial Judge

 Wyatt T. Saunders, Jr., PCR Judge

Unpublished Opinion No. 2008-UP-264

Submitted April 1, 2008 – Filed May 16, 2008   

APPEAL DISMISSED

Appellate
Defender Wanda H. Carter, of Columbia, for Petitioner.

Attorney General Henry McMaster, Chief Deputy Attorney John W.
McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant
Attorney Julie M. Thames, all of Columbia, for Respondent.

PER
CURIAM:  Petitioner seeks a writ of
certiorari from the denial of her application for post-conviction relief (PCR).

Because the State
did not challenge the PCR’s judge’s finding the Petitioner did not knowingly
and intelligently waive his right to a direct appeal, we grant 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).

After
a thorough review of the record and counsel’s brief pursuant to Anders v.
California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116,
406 S.E.2d 357 (1991), we dismiss[1] Petitioner’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

Huff, Kittredge, and
Williams, JJ., concur.

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